Richland, WA asked in Copyright for Washington

Q: Can I paint a Disney character on an ornament and give it as a gift to a friend or family member?

I paint things for family and friends for holidays or a special occasion. I do not have or intend on having a business or sell these items. They are solely gifts. Am I allowed to paint a Disney character on something and give it as a gift, and post a picture of that gift? This was just mentioned to me and I was completely unaware. I don't want to get into trouble.

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1 Lawyer Answer
Will Blackton
Will Blackton
  • Intellectual Property Lawyer
  • Raleigh, NC

A: This would qualify as trademark/copyright infringement. That being said, Disney would have to find out about this infringement and determine that it's worth their time to sue you, before you'd face the consequences of this infringement.

So, could you get in trouble? Yes.

Are you likely to get in trouble? I can't say.

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