Former_Member
Not applicable

Copyright infragement question

I have seen numerous disney inspired items on Etsy, especially Frozen ones. I have been on Etsy for almost a year and I have learned that selling items inspired by Disney, or any copyrighted item for that matter, is illegal and not aloud.

But I was thinking, what if, for example, I created a charm that looks almost exactly like Elsa from Disney's Frozen but called her an "Ice Princess"? No Disney, ️Frozen, or Elsa in the tags, titles, or anywhere in the listing? The listing doesn't even mention anything that has to do with Disney.
Or like Tinker Bell, I could just simply call her a fairy, or Ariel, as just a mermaid.

Would this be aloud?
It was just something that crossed my mind. :)

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Re: Copyright infragement question

I am guessing but if something like Mickey Mouse's iconic ears is used then that image is also copy written or trademarked, even if you call him Mr. Mouse.
You could make something similar but it shouldn't be the well known image.
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Re: Copyright infragement question

People infringe on copyright, because they profit from the name "Disney" etc when it gets searched for.
To make something similar won't do any good unless you use those search terms - it will just be another mermaid in the sea. So why even risk it instead of making a version that is completely your own straight away and set yourself apart from all the fakes and copies?!
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LeedsRadio
Inspiration Seeker

Re: Copyright infragement question

I agree with Diana. Why not make something completely original.

But if your trying to increase sale. A couple of things about your shop

In some cases for image you have 2 or 3 for the items and 2 of a completely different item. This is confusing.

All text below your dotted line identical. Look in catalogs and on shops online and you'll see that isn't done. You could have have put all that information one time in either the shop announcement, the about section or policies. That way you could put important information - like dimensions which you do not list. Or an interesting story: Something about the what inspired you to make the item.

Proof read all the text for your shop. You have "Unfourtunately" instead of "Unfortunately" under payments. There might be others.

Lastly you mention "polymer clay" repeatedly. I looked for a description of what that is within your store and could not find it.
When people search "gold" or "wood" or "ceramic" they know what those things are and how they feel and look closeup. They might not know "polymer clay". I still don't know.
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Re: Copyright infragement question

Trying to commercially gain from someone elses design and/or property is against the law. It's as simple as that.

And yes, all those Disney and Frozen items you see on Etsy (unless they are commercial supplies or Disney vintage items) are forbidden.
Sooner or later those shop owners will get into big trouble for selling their stolen wares. You don't want to be part of that.

Be yourself! Make your own designs!
Isn't that what creativity is all about?

By making something that 'looks like' or 'sort of resembles' a trademark/copyrighted item or character, you are still trying to make money by lifting on the fame of that character and it's designer. Don't go there, don't do that.
Design your own character and who knows, it might become famous too!
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Re: Copyright infragement question

There was a thread, I think here, about Disney searching the internet for copyright infringement more than before, especially for anything to do with Frozen. Shops have been closed down in the past. I don't understand why people continue copying or considering making etc. Why advertise another company? You don't work for them.
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Former_Member
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Re: Copyright infragement question

Thank you all for your advice! I think I am going to go ahead and steer away from anything Disney related. I am aware that is is copyrighted, it was just an idea that crossed my mind because I was recently looking at another polymer clay shop that sold tons of Disney inspired charms and that have over 1,000 sales.

But as I said before, I'm not going to risk it and stay origional. Thank you! :)
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Former_Member
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Re: Copyright infragement question

Richard-
You have very valid points! In all my listings, the last photo is of a charm being used on a necklace, cell phone strap, and keychain as to give customers an idea of how charms can be used. I also include a photo of each charm compared to a coin to give a size reference as measuring small charms like these is difficult to get a accurate size.

I will be sure to add what polymer clay in my store. I do have a long paragraph in my "About Page" that gives you a step by step idea of how I make my charms. I will be adding photos soon as well.
Polymer clay is a moldable clay like substance that hardens after you place it in the oven.

Thanks! :)
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