Asked in Copyright, Trademark and Intellectual Property for Georgia

Q: Can I buy Disney or licensed fabric and make a headband or scrunchie and sell it?

2 Lawyer Answers
Fritz-Howard Raymond Clapp
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Answered
  • Trademarks Lawyer
  • Beverly Hills, CA

A: The answer is YES. The "first sale doctrine", codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.

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James L. Arrasmith
PREMIUM
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Answered

A: Creating and selling items using Disney or licensed fabric may infringe on intellectual property rights, such as copyrights or trademarks, owned by Disney or the respective licensor. To avoid legal issues, it's generally advisable to seek permission or a license from the rights holder before selling products featuring their intellectual property. Otherwise, you could be at risk of facing legal action for infringement.

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