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Am I breaking the law?

I own a very successful Party company and I have some concerns about Copyright infringement. Our company hires women to dress up as famous storybook princesses and put on princess parties for little girls ages 4-8. I understand that most of the Disney Characters came from stories that were told for hundreds of years - and that Disney himself did not invent these princesses. However, we do tend to think of the Disney images when we hear the names "Cinderella" and "Snow White" My question is - where do the Disney lines get crossed and where is the safe zone? We do modify our costumes and jewelry a bit to separate ourselves a bit from the Disney Princesses - but I am not sure how much actually needs to be changed to be okay? The whole infringement world seems so gray!

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Attorney answers (3)

Reputation Level 11
The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.

The previous answers are correct--you need to consult an intellectual property lawyer who can do an analysis based on your specific use. The inherent problem in this type of situation is that while the stories frequently have been around long enough to be out of copyright, the only imagery that people (particularly the partygoers you describe) associate with the characters from those stories is the Disney interpretation of them. As a result, in order to make the costumes effective, they almost by necessity at least skirt the edges of Disney's rights in their representations of those characters.

I've also added some links below to similar questions asked in the past and their answers, as these issues are also addressed there.
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Reputation Level 17
You need an IP Lawyer
1 person marked this answer as good

Reputation Level 18
This question has been asked a lot — I think that you have somewhat answered your own question: if you’re dressing up as “famous storybook princesses” you are probably infringing.

The bottom line is that you really need to speak with an attorney who is knowledgeable about trademark and copyright law and can actually look at the costumes you use and your marketing and advise you more fully.

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