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I get asked a lot of questions here on Cutting for Business. Perhaps the most asked question I receive is:
“Can I make and sell Disney/Pixar/Marvel handmade products with my Silhouette or Cricut?”
Answer: “No, not legally.”
Follow up question: “But, I see them everywhere on Etsy! How do those sellers do it?”
Answer: “Illegally.”
Can You Legally Sell Disney Crafts?
You cannot legally make and sell any product with Disney lyrics, quotes, or characters on it without permission from The Walt Disney World Company. While some companies turn a blind eye and don’t actively pursue sellers selling their trademarked properties; Disney employs a team of people whose only job it is to hunt down people/companies using their trademarks without permission.
If Disney chooses to pursue a copyright or trademark violation against you, your store or shop can be shut down, you can be forced to pay back all monies made from the items, your equipment could be confiscated, and you can be prosecuted for trademark/copyright infringement.
Unfortunately for small sellers, Disney has far more resources to legally pursue you and you will not win the battle.
How Can I Get A Disney License?
Disney does offer licensing to other companies to create and sell Disney products. You can find details about licensing at this link.
However, it’s unlikely that any at home craft business will be able to meet the licensing requirements.
What About Disney Cricut Cartridges?
Some Cricut cartridges have Disney images on them. These images are for personal use only as detailed in Cricut’s Angel Policy. Why? Cricut and Disney have a license agreement that allows Cricut to make and sell the cartridges, but the license agreement is between Cricut and Disney – not Disney and the end user (you).
Can I Make Disney Crafts for Personal Use?
You can make personal use Disney crafts for yourself. As long as no money exchanges hand, it’s unlikely that you’ll be bothered by Disney.
It’s important to realize that many personal use crafts are still trademark infringements. However, it simply isn’t worth it for a company to come after an individual who isn’t selling the product.
It’s a common misconception that personal use crafts are not trademark infringements. Read about more trademark myths that you have to understand.
What About Public Domain Characters?
If you are familiar with Disney characters and stories, you’ll know that Disney didn’t create many of their characters and stories. Instead, Disney created their own version of the characters and stories.
For example, Alice in Wonderland. Alice in Wonderland is Disney’s take on Alice’s Adventures in Wonderland, a book written in the 1800’s by Lewis Carroll. The copyright has expired on Alice’s Adventures in Wonderland, and it is considered public domain.
This means that you can use characters and material from Alice’s Adventures in Wonderland in your products for sale. But, you must be cautious to only use content aligned with the Lewis Carrol book – not Disney’s version.
Learn more about public domain characters and crafting.
I Bought a Disney Design on Etsy with Commercial Use Rights, Why Can’t I Use It?
Put simply: It is likely that even though you bought a commercial use Disney file on Etsy, the seller selling you the file doesn’t have permission from Disney to sell it. It doesn’t matter if you bought a commercial use license, you still can’t sell it.
I’ve gone in detail about buying designs online that sellers don’t have a license to sell at this link.
How Can I Report Disney Trademark Infringements?
You can report Disney trademark infringements directly to Disney.
- Email Disney: tips@disneyantipiracy.com
- Leave a message for the Disney Anti Piracy Team: (818) 560-3300
Chrissy
Saturday 28th of May 2022
Hi Christine,
Can you use anything Disney in your designs if you add ©Disney?
Christine, Cutting for Business
Friday 24th of June 2022
No. You'll still need a license.
7
Wednesday 4th of May 2022
"How Can I Report Disney Trademark Infringements?"
Yes, won't somebody *please* think of those poor billion-dollar megacorps with the aforementioned very expensive legal team?
Christine, Cutting for Business
Friday 24th of June 2022
It's their intellectual property. They have a right to protect it. You have a right to apply for a license and pay if you want to use their property. Pretty simple - whether it is a billion-dollar company or a sole proprietor.
Ann
Sunday 7th of February 2021
Hi Christina! Thank you for taking the time to answer questions.
So I'm curious about online resellers, such as in online thrift shops or even real-world garage sales. Is it legal for people to resell officially-licensed merchandise that they no longer use e.g. officially licensed Disney/Marvel/etc. t-shirts?
This is assuming the product has not been altered or used in a craft and is not being sold as an altered item or altered creation.
Thanks!
Christine, Cutting for Business
Monday 8th of February 2021
Yes, look up First Sale Doctrine. Enjoy your week!
Daniella
Saturday 13th of June 2020
Hi christine!
first off, thank you for answering all of our questions, another one for you:
does copyright include 'likeness' of a character? for example, what if I make a hand bar of soap in the silhouette of Peter Pan, using his colors but no actual facial features. or making a bar of soap in the shape of Peter pans green hat with red feather. also what about something more abstract, like using just the colors of mini mouses dress (red and white polka dots) on a basic square bar of soap and calling it something like: "Miss Mouse Soap Bar" in stead of "Mini Mouse Soap Bar" (would Disney come after something like that?)
Christine, Cutting for Business
Wednesday 24th of June 2020
Yes, likeness is included. It's a best practice to stay away from any and all Disney related products. The definition of trademark infringement is 'likelihood of confusion'. This means if a customer can confuse your product with an official product, it could be an infringment.
daniella
Saturday 13th of June 2020
sorry one more thing:
here's a link to an etsy shop where the seller created their own rendition of the Alice and wonderland characters, if you make your own 'parody' of a Disney character are you able to sell it, (or if it is recognizable enough to be a Disney character it is automatically a copyright problem)
https://www.etsy.com/listing/793145256/alice-and-wonderland-face-mask-with-two?ga_order=most_relevant&ga_search_type=all&ga_view_type=gallery&ga_search_query=Alice+in+wonderland&ref=sc_gallery-1-1&plkey=c5ed2565d69c55cd077259c6ed17c513814becb5%3A793145256&pro=1&frs=1
Amanda Rose
Thursday 14th of November 2019
Ok so I have a question in are Luzerne county mall in Wilkes barre they use everything Disney made. They add inspired by they said it keeps them safe? Is this true! Also I want to know how we can’t use Cinderella or princess on things or other names like Mario.. these are peoples names anymore how can Disney go after anyone now with these names! Also Disney got there ears and that and copied and animal so how does that give them a copyright to it? Mouse’s where around long before Disney! They use world which is a copy of the place I live! Almost all that Disney uses was actually inspired by and copied from other names. So I’m not sure to how one can get in trouble without using an exact logo of your theme park!
Christine, Cutting for Business
Wednesday 20th of November 2019
Hello! 1) Inspired by doesn't keep them safe. 2) You can use the name Mario on something. You can't refer to the Mario Brothers. 3) You are welcome to craft something that looks like a mouse. You can't copy Disney's version of a mouse (Mickey). Hope this helps!