Copyright Infringment?

Question

Can you create an amimated mouse similar to mickey mouse? There would be slight differences in the look, and clothing, and he would be used in a TV Commercial for a real estate business.

Answer 1

Two issues -- first, the copyright problem -- the character, appearances and mannerisms are creative works -- protected by copyright -- so anything that is similar would likely be prohibited.

The basic concept of a mouse (or other animal) that can walk upright and talk is scenes a faire" -- generic and too common to be protected. Which is why you can have animated characters of all critter types -- but it would have to look and act very different to avoid an infringement lawsuit. "Slight differences" are not enough.

There is also the trademark issue -- since the Mickey Mouse character is also protected under trademark law -- and again "slight differences" are not enough to avoid conflict. But the same generic "humanoid animal" exception would apply if the cartoon character were very different.

Answer 2

The differences would have to be more than "slight" for it not to be infringement (unless you are doing a parody, but that's a topic for another question). If the animated mouse would still be fairly recognizable as Mickey Mouse, you could get sued.

Answer 3

If your mouse appears so that a reasonable person would confuse yours with Disney's then it would be an infringement.

There have been many animated mice that do not infringe on Disney's. Jerry (of Tom & Jerry), Mighty Mouse, Little Roquefort, Pixie and Dixie, Speedy Gonzales, and on and on.

Answer 4

How does copyright infringement apply to the internet?
Copyright infringement occurs when you use or distribute information without permission from the person or organization that owns the legal rights to the information. Including an image or cartoon on your web site or in a document, illegally downloading music, and pirating software are all common copyright violations. While these activities may seem harmless, they could have serious legal and security implications.

How do you know if you have permission to use something?
If you find something on a web site that you'd like to use (e.g., a document, a chart, an application), search for information about permissions to use, download, redistribute, or reproduce. Most web sites have a "terms of use" page that explains how you are allowed to use information from the site (see US-CERT's terms of use for an example). You can often find a link to this page in the site's contact information or privacy policy, or at the bottom of the page that contains the information you are interested in using.

There may be restrictions based on the purpose, method, and audience. You may also have to adhere to specific conditions about how much information you are allowed to use or how the information is presented and attributed. Consider whether the individual or organization that operates the web site has the legal authority to give you permission to use the item—if they did not produce the item, they can't give you permission to use it because they don't hold the copyright. If you can't locate the terms of use, or if it seems unclear, contact the individual or organization that holds the copyright to ask permission.

What consequences could you face?

Prosecution - When you illegally download, reproduce, or distribute information, you risk legal action. Penalties may range from warnings and mandatory removal of all references to costly fines. Depending on the severity of the crime, jail time may also be a possibility. To offset their own court costs and the money they feel they lose because of pirated software, vendors may increase the prices of their products.

Malicious copies - Some users knowingly violate copyright by using sites or networks that allow them to illegally download music and movies or by making or installing unauthorized copies of software applications. Attackers could take advantage of these outlets by including code into a music or movie file or a pirated copy of software that would infect your computer once it was installed. Because you wouldn't know the source or identity of the infection (or maybe that it was even there), you might not be able to easily identify or remove it. Pirated software with hidden Trojan horses (see Why is Cyber Security a Problem? for more information) is often advertised as discounted software in spam email messages (see Reducing Spam for more information).

References

U.S. Copyright Office -
Copyright on the Internet -



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Author: Mindi McDowell

Answer 5

Similar enough to evoke the Mickey image in people's minds, no.

Answer 6

Probably not if the differences are only slight. If Disney finds out, they will probably do something about it and you cannot afford a fight with Disney, right or wrong.