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Defenestration posted:If someone produces an unlicensed product to bank on a Disney character's popularity, that's a serious threat to Disney's profits (and potentially their brand, if you're making unlicensed Little Mermaid dildos or whatever) Just a note about a common misconception, it doesn't really matter if you're making a profit or not. The point is you're still infringing on THEIR ability to profit off of it. Your giving it away for free doesn't change the fact. I'm sure you've heard the infamous story about Disney suing that day-care center for painting images of Mickey on their walls. "It's perfectly legal because I'm not making money" has just as much legal basis as "it's perfectly legal to distribute pirated MP3s as long as I include a notice saying to delete them within 24 hours." Fair use generally means stuff like parodies or critiques or educational use. It doesn't have anything to do with whether you're making money. In your mustache-Mickey example, the issue isn't whether your interest is artistic or commercial. Parody for profit is OK. The issue is whether the point of your usage of Mickey is to parody Disney, or if it's to basically springboard off of Mickey's built-in familiarity. There have been parodies that were judged to be infringing on that basis.
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Jan 24, 2013 03:51
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| # ¿ May 1, 2024 11:56 |
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