We Remember The Magic Café We Remember
Username:
Password:
[ Lost Password ]
  [ Forgot Username ]
The Magic Cafe Forum Index » » The little darlings » » Cartoon Characters (0 Likes) Printer Friendly Version

 Go to page [Previous]  1~2~3 [Next]
Dynamike
View Profile
Eternal Order
FullTimer
24098 Posts

Profile of Dynamike
Ok, everyone, no offense, but look in the mirror and be honest. Have any of you ever used a rip off prop made similar to the original before? A lot of magicians do this because it is cheaper to purchase. I never heard a magician lie something like, "Look, I got the original so and so right here." If a magician did use words like that when it was not the original so and so, he is doing wrong. Being honest telling others it is not the original is the right way.

Picture this: Probably Disney would like it when we use characters similar to theirs because it helps keeps the character live. Of course they want no negative actions with their look alike characters. If Disney did not like businesses using their look alike characters I can see them going around the country taking all those entertainment companies to court.

I do not know the law to how it all works, but it is best for me to talk to an entertainment attorney after I purchase the outfits.

If anyone can find me just one link to where an entertainment company got sued and lost the case for using a look alike costume character, I will eat my words.

Everyone one, please forgive me if I sound like an attorney. Ok, what's your argument?...
magicgeorge
View Profile
Inner circle
Belfast
4299 Posts

Profile of magicgeorge
I don't think anyone has an argument,Mike, I think they're just looking out for ya.

You're right tho, I also know a lot of companys that get away with it (although they probably didn't mention their intentions online..).

Here some links:

http://www.clickorlando.com/entertainmen......ail.html

http://www.mickeynews.com/News/PrintStor......cat_E_DC

http://thedisneyblog.com/2008/07/10/disn......racters/

http://www.santafenewmexican.com/Busines......t-issues

http://www.benedict.com/Visual/Barney/Barney.aspx
Gerry Walkowski
View Profile
Inner circle
1424 Posts

Profile of Gerry Walkowski
Mike:

Personally I don't get your point. You want to dance around the whole issue of making money (stealing) off of someone's copyright work. Take the higher road and don't go down this dark alley. We're trying to protect you so # 1 you do what's morally right and # 2, you don't get sued.

Do you have the funds to hire a lawyer when the likes of Disney or Marvel Comics comes knocking at your door? Why even take the chance.

Your mode of thinking and comments on this particular topic are the signs of a real amatuer and prove to me you've got a lot to learn in this business.

Good luck with your career.
Dynamike
View Profile
Eternal Order
FullTimer
24098 Posts

Profile of Dynamike
I agree they are looking out, George. When I mentioned "argument," I was referring to the debate attorneys have when settling a court case. I did not mean a verbal fight or anything negative.

You came up with some good links. Disney is in Florida. And that is where it seems the lawsuits were filed. It shows Disney wants to be the only one in their state with those type of outfits. Maybe Florida has some state law favoring Disney. If so, I can understand why. The state of Florida would not want to put any damage onto Disney World, especially because of the amount of money/tourist it brings in. I no longer see "Kool Klowns" in business after doing a search. "Tio Fiesta Events" is still in business, but I see no cartoon characters similar to Disney's: http://www.tiofiesta.com/home.html
kimmo
View Profile
Inner circle
Sheffield
1193 Posts

Profile of kimmo
I'm with Jimbo - surely it's far better to have your own character designed and build your own brand. Jimbo has even written a series of children's books featuring his Bilston Bear character and they are fantastic!

If it were me I wouldn't want someone elses characters in on my show!

Why have Goofy or Pluto when you could introduce the kids to Dyna-Dog!!??

or should that be Dyna-Mutt?

You get the idea
VISIT MY ONLINE STORE!: www.kimmomagicshop.com
NEW LECTURE NOTES - SHOW US YOUR TRIX NOW AVAILABLE AS AN INSTANT DIGITAL DOWNLOAD!

Kimmo DVD available Now!
Watch the promo here!
Order your copy NOW! CLICK HERE!

ENTERTAINER,MAGICIAN AND VENTRILOQUIST'S BLOG - DON'T READ THIS...
Dynamike
View Profile
Eternal Order
FullTimer
24098 Posts

Profile of Dynamike
Let us look at it on both sides of the road together:

Side A. I have seen big crowds appear for these type of characters when advertised at restaurants. I used to refer these to certain businesses from advertising them, making a finder's fee. They are big money makers. They can be purchased at good deals.

Side B. Of course I would not want Disney knocking on my door. A lawsuit will be far higher than what I made from the characters.

I understand you guys are trying to help me. I appreciate your support. But remember we are logically on the same side of the road, in the middle. I do not know exactly what the law is on this topic. Maybe the 100% safe secret is in getting a license first. Maybe there is no legal way because of the state I'm in. I still do not know what the law is on purchasing the characters, next advertising them by not mentioning the original name to make the sells.

I know some of you have strong feelings on me not purchasing them. I am not going to be stubborn and fight/ignore your words. I want to listen so everything will work out the right way. Remember, "Magicians Helping Magicians." Feel proud of yourselves for holding me back from purchasing the outfits immediately. But remember I mention previously we are still in the middle of the road. I must find out the law on purchasing and renting them out first. Maybe the law reads the look a like costumes can not be used in someone else business period. If anyone knows exactly how the law works on this in Michigan, please list in writing. I will be searching too.

If there is a legal way, I will purchase the outfits. If there is no legal way, I will keep my butt safe by not purchasing them.

Everyone, thanks for your time.
magicgeorge
View Profile
Inner circle
Belfast
4299 Posts

Profile of magicgeorge
Quote:
On 2009-07-16 06:50, Dynamike wrote:
Let us look at it on both sides of the road together:

.... we are logically on the same side of the road, in the middle.


You're mustard.

I'm pretty sure the law will say the same thing whichever state you're in (/road you're travelling).

I agree with Jimbo and Kimmo's viewpoint and think it would not only be safer but much more rewarding to use you're own character.

G
Skip Way
View Profile
Inner circle
3771 Posts

Profile of Skip Way
Here's what a copyright attorney's blog has to say on this topic:

>>Dear Rich: I have a question. If someone wants to entertain professionally at parties wearing an officially licensed Disney costume, is that a violation of Disney's rights? If so, why does Disney retain rights to control how the costume is used after it's purchased? I'm so glad you asked. The short answers to your questions are, (a) yes, and (b) they don't retain rights over the costume; they do retain rights over how a character is commercially exploited. (By the way, Disney also goes after those who buy and sell unauthorized character costumes.)

Although it may seem like anyone who buys a costume should be able to wear it and entertain for money, that's not the way the owners of licensed characters view the situation. Perhaps it would help if you step back and consider a few hypotheticals, as lawyers often do. Let's say that someone buys an official Mickey Mouse costume and then uses that to make a movie about Mickey Mouse. I think most people who read the Dear Rich blog would agree that purchasing a licensed costume doesn't entitle you to make a movie about the character. The same would be true for a stage play about Mickey Mouse. Ditto if a nightclub comic created a show built around the Mickey Mouse character (wearing the licensed costume). Entertaining for money at a party is a variation on this. The stage is much smaller, but the commercial intent is the same, and such exploitation -- which has become a popular home-based business -- likely violates copyright and trademark law. There's nothing wrong with wearing the costume for Halloween or attending parties, but when you create a commercial enterprise that exploits the character, the copyright owner views that as an infringement.

Got a question for Dear Rich? Send it to dearrichquestion@gmail dot com, and make sure it has the header: "Question."<<

From my perspective, I don't really care about the legal issues. For me, the bottom line is that copying someone else's work always - always - limits your professional growth. After all, Barney and Mickey started as original ideas that blossomed into super stardom. If all one is after is the quick, easy, short-term buck then that's all he'll ever get. Jimmy Carlo has the right idea. We're gonna talk at KIDabra, Jimster!

Do what you like, though. It's your business.
How you leave others feeling after an Experience with you becomes your Trademark.

Magic Youth Raleigh - RaleighMagicClub.org
Dynamike
View Profile
Eternal Order
FullTimer
24098 Posts

Profile of Dynamike
Smile Smile Smile Good lookin', Skip. That is what I was looking for. When it comes to photos, I know a lot of the law already. We discussed that before: http://www.themagiccafe.com/forums/viewt......forum=17 But this is a different subject.

I learned interesting facts from your post. It is showing it is not a state law, but a national law. And it is explaining how it is legal to wear the outfits at parties. It also explains how it is illegal it is to wear the outfits at parties, (when making a gain).

And, Skip, I am doing what I want. I am reading all the member's post before making my decision.

Everybody should get a pat on the back. Remember how I started this thread? It was because I was thinking there was no problem buying them and using them without mentioning the original names. It looks you guys saved my life. How can I thank you?
Skip Way
View Profile
Inner circle
3771 Posts

Profile of Skip Way
Quote:
How can I thank you?


Live long and prosper. Smile
How you leave others feeling after an Experience with you becomes your Trademark.

Magic Youth Raleigh - RaleighMagicClub.org
Dynamike
View Profile
Eternal Order
FullTimer
24098 Posts

Profile of Dynamike
Oh yea, I almost forgot. I also want to thank everyone for leaving out the bashing and criticism. I appreciate that.
harris
View Profile
Inner circle
Harris Deutsch
8694 Posts

Profile of harris
Hopefully this thread will not be

"Exhibit A".

With tongue somewhere near my cheek...

Harris "exuse me while I get this log out of my eye" Deutsch..
Harris Deutsch aka dr laugh
drlaugh4u@gmail.com
music, magic and marvelous toys
http://magician.org/member/drlaugh4u
Potty the Pirate
View Profile
Inner circle
4620 Posts

Profile of Potty the Pirate
Yeah, the fact is, you'd be crazy to imitate a licensed character ANYWHERE. In some places, you'd get away with it for years...but imagine wondering at every party you attend, "will Disney get to hear of this?"
I assure you, Disney and the rest DO NOT feel that imitations of their characters "keep them alive". In fact, they have a whole team of people whose sole purpose is to find and prosecute those who infringe their copyrights. As far as I'm aware, it's quite a money spinner, and they don't care too much for your personal circumstances.
Apart from all else, many of these costumes are VERY uncomfortable. The whole idea sounds barmy to me.
:)
harris
View Profile
Inner circle
Harris Deutsch
8694 Posts

Profile of harris
Just noticed another thread about creating your own character..Excellent....

Hot idea!

Reminds me of the days of Body Puppets!


Harris
Harris Deutsch aka dr laugh
drlaugh4u@gmail.com
music, magic and marvelous toys
http://magician.org/member/drlaugh4u
Bernie Balloons
View Profile
Elite user
N.Y.C.
480 Posts

Profile of Bernie Balloons
You get in the most trouble for using the music that goes with that character because explore girl now directly represented her self to be Dora and you do not have the song rights to use in a public venue That is how they get you. I don't like fuzies at all they mess up my business so if they go away forever I will be a happy clown but you can make a lot of money with them
TonyB2009
View Profile
Inner circle
5006 Posts

Profile of TonyB2009
For a few years I worked with a touring show and the promoter used bootleg characters. Even though we were in Ireland, well away from the Lyons Group, they injuncted him in Dublin, Belfast and London. They chased and haranged him. They contacted venues and pulled his shows. One of his associates went out on his own with The Bear in the Big Blue House. The people with the official franchise threatened to break his legs. They do go after you.
The promoter, by the way, never intended to be a bootleg. He made numerous efforts to buy the rights, but was rejected at every turn.
In addition to the legal difficulties, it is bloody hard work in those costumes. I have been kicked, punched, and beaten in them. I once passed out after an asthma attack, and the crowd couldn't care less. They wanted me propped up, unconscious, so that they could continue to take pictures.
You can make money, but you can draw a world of trouble down on yourself. So think carefully. Tony.
hugmagic
View Profile
Inner circle
7378 Posts

Profile of hugmagic
There is also a company in Savanah, Illinois called Facemakers Inc. They make a lot of mascots but have other items also. I know they also rent the costumes out. Their link is http://www.facemakersincorporated.com/.

The owner Alan St. George is also a magician.

Richard
Richard E. Hughes, Hughes Magic Inc., 352 N. Prospect St., Ravenna, OH 44266 (330)296-4023
www.hughesmagic.com
email-hugmagic@raex.com
Write direct as I will be turning off my PM's.
Dynamike
View Profile
Eternal Order
FullTimer
24098 Posts

Profile of Dynamike
Thanks for the info Richard.
Howie Diddot
View Profile
Inner circle
San Francisco & Los Angeles California
3286 Posts

Profile of Howie Diddot
Here is an alternative take on the licensing controversy


http://www.happilyeverlaughterparties.co......ney.html
Dynamike
View Profile
Eternal Order
FullTimer
24098 Posts

Profile of Dynamike
Good looking out Howie.
The Magic Cafe Forum Index » » The little darlings » » Cartoon Characters (0 Likes)
 Go to page [Previous]  1~2~3 [Next]
[ Top of Page ]
All content & postings Copyright © 2001-2020 Steve Brooks. All Rights Reserved.
This page was created in 0.29 seconds requiring 5 database queries.
The views and comments expressed on The Magic Café
are not necessarily those of The Magic Café, Steve Brooks, or Steve Brooks Magic.
> Privacy Statement <

ROTFL Billions and billions served! ROTFL