Q: Can I use certain disney scrap kit for personal use on social media sites to make cover photos and profile pictures?
I want to make cover photos and profile pictures for my friends on FB using a few kits I bought online that sort of resemble disney characters, I contacted disney and they told me to contact an attorney/lawyer to see if my proposed use may run afoul of any laws. I have examples of what I want to do if you would like to see them. Any help is greatly appreciated
A:
You would have to consult with an attorney, there is not enough information in your post to determine if you're in danger of trademark infringement.
So, you have three options:
(1) make these cover photos without consulting a lawyer and risk a lawsuit;
(2) make these cover photos after consulting a lawyer, implementing any changes to your plan that they advise, and face a lesser risk of a lawsuit;
(3) do not make these cover photos and avoid the risk of a lawsuit.
The information you should be asking for is: What is the actual likelihood of a lawsuit with those first two options. Only the IP management department of Disney will be able to tell you that. You've already reached out to Disney's attorneys, and kudos to you for doing that, but they told you to consult your own attorney.
That being said, Disney is notoriously aggressive when it comes to protecting their intellectual property assets. In fact, the last major revision to U.S. Copyright law is dubbed "the Mickey Mouse Protection Act" because Disney lobbied heavily for it.
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