Copyright question?

Question

I have a question. Disney created the characters Lilo and Stitch as well as the movie of the same name. I was inspired by the movie to create my own character based off Stitch's concept. Now, what I want to know, is if it will be copyright infringement if I sell art of my character for money? Thanks loads.

Answer 1

First, the Walt Disney Company (aka "The Tragic Kingdom") is probably the world's most vicious and vexatious litigant when it comes to protecting its legal rights. For example, the US Copyright Term Extension Act of 1998 is jokingly known as the “Mickey Mouse Protection Act” because it was written in such a way to ensured that US copyrights on Mickey Mouse were extended for an additional 20 years.

However, under US copyright law there is nothing wrong in creating a fictional character as a parody of Stitch. For example in the movie “Nine Months” the lead character gets into a fight with a large purple and green colored character at a baby store. The character was an obvious parody of Barney the Dinosaur, but US copyright law allows this type of parody provided the character is clearly different and distinguishable from the original.

The problem here lies in the facts: i.e. how close your character is to Disney’s Stitch and how vigorous Disney will be in suing you if they think your character is too close to Stitch. For that you need professional advice if you are truly serious about moving forward with your plan.

I hope this helps,

Good Luck

Answer 2

This is copyright infringement. And Disney is rapid about going after people that infringe their intellectual property.

Short of parody, which is allowed, you should NOT market anything that contains a likeness of the characters or which use the character's names in a way that implies any connection to the film or derivative works.

Answer 3

show a marked change of 30% or more in terms of the character and infringement issues are typically waived. Change the color, background information, character's name, location of the story to make sure that you do not fall into Disney's realm of interest. Of course, if its any good, they may want to talk to you anyhow.

Answer 4

Yes, if Disney sees a connection.

Answer 5

I think you should ask a big company first, and look into it. Don't do anything right away as people could sue you for making 'fake copies' or something. There are weird laws out there, be careful!