Mizuko's 2nd Silicone Tail- Ariel

Yeah, its pretty awful. Most of us who do this business do it because we LOVE it, not for the money. Australia doesn't have a Disney store, let alone a DisneyLand/World; the gap was being filled by these small businesses. If anything it was helping Disney in Australia: all the merchandise parents buy for parties is pretty impressive! Most of us were unaware we were even doing something wrong, as we've been in business for years with no issues.
Its been a big blow to the entertaining companies here, we can only hope we fly under the radar :P

That's awful, you guys are promoting their brand in Australia, and I think they should welcome that, rather than trying to shut it down! It's not like they are intending to fill the niche!

That straight up BLOWS. I've been doing this for years in the US, and they're pretty lenient on us with the C&Ds, so long as we don't try hard to make the costumes look TOO much like theirs, or use their names. US still has laws that allow them to serve us for "too closely resembling" their costumes, but as long as we make key differences in the designs and don't use the Disney names, they're fine. Mostly because of the reason you state, that it helps their business and makes way more sales in the long run. And I don't think they CAN legally take possession of your costumes. If the costumes are not their brand and being misused, but are homemade, then you should NOT have to turn them over. Disney is not the government, even if it thinks it is. It can't seize property. A lot of C&Ds make outrageous demands like this that are not exactly legal, hoping you'll go along with it and submit, but knowing they can just drop the request if you call them on their bullshit. Don't let them intimidate you. You can still use your tail for parties...just make a generic mermaid character who doesn't have red hair. Make it brown or blonde or something. Give it a generic name. They CANNOT prosecute you for that, they just can't. Not legally, not at all. Disney likes to make it rain C&Ds sometimes over here too, mostly near the parks, and they often make demands like this, just to legally bully. But they know they can't lawfully enforce it.

A C&D is just a piece of paper, don't let them intimidate you with it. They can't shut down your business, they can only tell you to stop using their characters.

I am with Aquarianne; give yourself auburn hair and tell children your name can only be pronounced in dolphin (I don't think Disney can get after you for using that Splash! idea....)

To me those kind of mails sounds like scam from 1 company who wants to take out all their competition. They write a letter/mail that looks that came from a very big company (like Disney), just to make small companies afraid and shut down their businesses. That way they can have control over what they want and have all the gigs for their own.
I had a scam letter like it before about a 'big' company that didn't want that I did cosplay commissions here in Belgium. I just ignored that letter and trow it away and made the commissions that where asked to make. Later I found out that I was right about that letter, it was just a girl that was very jelly that I made all those cosplay and get paid for it. So she wrote me that letter and hoped that I was afraid and stopped making cosplay.

Thanks everyone!
Thankfully I myself haven't received these letters, but one place locally and a dozen places on the East Coast have. Unfortunately, the letters are legit- everyone who received one contacted the lawyers firm who sent it and it is a legitimate firm working for Disney.
I already have my Mizuko image, so I dont really need to create another character to portray for my business :) I had just been asked by many people if I could offer them a realistic Ariel too!

You can make you (very nice) Ariel-tail, but give her another name and a little differed look on your site ;) I did the golden version of Ariel, that almost nobody knows about. Also when I'm Athena (Ariels mother) kids call me Ariel :) Athena's hair is more ginger than red and her tail is is aqua. ;)

Heck I get called Ariel in my blue and silver tail with reddish brownish blonde hair. Because that so looks like Ariel? Anyway my point, is Disney going to get mad at me for that? I don't think so. If anyone calls you out on it, just say you are in no way trying to be Ariel and then proceed to show them every green tail in existence. Lol

Can you get around it somehow by arguing that it is a parody? Like wear some geeky glasses or something. I know that is one way to get around copyright laws.

Quote:

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Originally Posted by Mizuko

The reason its been so frightening is: Disney is taking the party princesses costumes away. Not just taking some money- they are actually asking for ALL the costumes, props, etc that represent that particular character to be sent to them by the small business.

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If they try to take your property, get a lawyer. They, in no way, have a right to seize anything you make. They may be able to tell you not to make money off of it (by selling it or using for parties), but they CANNOT take away your private property. Not unless Australia is a HELL of a lot more different from America than I thought. Don't believe what they tell you. No one has a right to take something away that you own. Copyright issues are not about giving the thing to the person, it's about the USE of the particular thing. If I want to make myself a stuffed Flounder, Disney can't say "Hey, I came up with that character. Give me your property that looks like it." That's not how democratic governments work. Copyright stuff deals with INTELLECTUAL property and the misUSE of these IDEAS, not with actual, physical property. Even if you were running a store called "The Disneystore," Disney could legally either get you shut down or force you to change your name, but they could not TAKE the actual store from you. Why? Because brick and mortar is NOT intellectual property, it's physical property and its ownership is not decided by intellectual property rights.

Also, you can copyright an image in America. The University of Texas at Austin trademarked their Longhorn symbol. The Texas A&M Aggies were making a bumper sticker version where the horns were sawed off and the words "Saw Em Off" underneath it. UT went to court saying this was a misuse of their trademarked image, and a court agreed, so the Aggies added nostrils to the image of the Longhorn, which made it different enough from the trademarked image to not be an infringement. But even in that case, UT couldn't say "give us all your stickers!" They could only say: "Stop selling those stickers."

Thanks everyone!
Like I said, luckily I and the businesses I'm contracted out to haven't been 'served' as of yet, so we haven't needed to ask lawyers yet! lol! The one girl who has been sent this letter is, unfortunately, not going to hire lawyers. I wish she would, but really its her prerogative.

I lost my grandfather this week, so there will be another hold-up making this tail. Sorry everyone <3

I'm sorry for your loss

Condolences :( I can understand you, I lost mine last month...

Wow, that really sucks Mizuko (about Disney and your grandfather). Sending love and hugs :hug:
I had no idea Disney would do that though! What about people who sell cosplay costumes? Like if they made an Ariel dress or a Sleeping Beauty dress as a commission thing or through etsy, is that illegal??!! Or even selling mermaid tails that look like Ariels? :O I'm also in Australia, so this is scary :S

I'm sorry for your grandfathers; they are in my prayer! :mermaid kiss:

Disney is, sadly, quite infamous for control-freaking regarding its images and intellectual property. In one incident a few decades back, an American elementary school's children painted convincing images of various Disney characters on its walls and Disney cracked down on that! Hanna Barbara, feeling sorry for the students (and sensing an excellent opportunity for self-promotion), invited them to replaced the washed-away Disney images with their company's characters and organized a party for them. America is far more strict about copyright law than many other nations, though (a notable example being Japan; here in North America we thought of Mighty Morphin' Power Rangers as a rip-off of Voltron: Defender of the Universe, yet by Japanese standards they are two vastly different examples of the same sentai form-together mecha subgenre).

I'm really not sure what the situation is in Australia, though....

Attachment 23010
its not a tail, but I finished my Ariel pink dress cosplay :)

thank you everyone for your kind words xoxox

Gosh you are just about the most adorable thing I have ever seen!

Omg soo cute! Did you make tbat dress? :jawdrop:

You are cuter than a speckled pup in a red wagon!

Thank you everyone! <3
Yes, Ariel I did make this dress :) It was my first 'ball gown' dress!

Ok, I'm back :)
Its been a good month or so since I've even looked at this project. Since then I've umm-ed and arr-ed over what I wanted to do. Ariel is my favourite Disney character, I love her tail, but after all the recent crap with lawsuits, I've decided to leave it for another time.
However, I'll still be making a new tail. Just not Ariel's tail. I figured it would be best to make my OWN design again- especially because I have 1000 designs floating in my head, and half the silicone order sitting there patiently.
Thank you everyone for all your kind words and encouragements! Its been so helpful and I truly appreciate it. I'll post photos once my new tail is made, but it might not be for a few months as lots (oh gosh so much stuff...) is happening for me. :rollover:

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