# Question about using characters (Tinkerbell, Elmo, Cookie Monster ect..)



## Rebekah5280

I finally invested my time in finally learning how to use digital backdrops.  I mainly focus on newborn, baby, child, and family photography. 
I have been scouring the internet trying to find digital images that I want to use in my pictures, but I am having a hard time finding some of the characters that my clients want (Tinkerbell, Elmo, Cookie monster, ect...) with their children that I can purchase and use legally.
My question is:  can I use a picture if I give credit to Disney for that character?  I'll post a picture of what I'm talking about...  (I did this quickly, so I know that the hair is badly keyed)








So if I were to print on the bottom of this picture somthing like "_Tinkerbell character is the property of Disney," _(I would find better wording), would it be ok to use images that I find from download sites?

I know, I shouldn't ask legal questions on a photography forum...  but I thought if someone already had experience with this, it would be helpful.  I have sent an inquery to Disney as well asking if they have any type of digital photo software I can purchase to use with my pictures, I'm just hoping to hear back from them.  Until then, I thought I'd ask the question here.

Also, if someone knows of a place where I can purchase these kid friendly characters to use in my photography, I would certainly appreciate a point in the right direction!


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## 480sparky

Rebekah5280 said:


> ...........My question is:  can I use a picture if I give credit to Disney for that character?.......



No.


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## KmH

480sparky said:


> Rebekah5280 said:
> 
> 
> 
> ...........My question is:  can I use a picture if I give credit to Disney for that character?.......
> 
> 
> 
> 
> No.
Click to expand...

U.S. Copyright Office



> U.S. Copyright Office - Fair Use
> There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.


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## Rephargotohp

Actually a physical representation of a Character would be "Trademarked" but I know you know that.
a literary reference to a Character would be copyright


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## Rebekah5280

So if I wanted to use these character's, I would need to get permission from Disney, or someone who has the right to sell images to me.  That would be the only way I could legally use these images, right?


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## Rephargotohp

Correct

Or you could look for Characters that are in the Public Domain and have no secondary association (legal mumbo jumbo) but then the Charcaters that kids want these days, probably aren't in the public domain


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## Rebekah5280

Yeah, I have other Characters that I can use, but its Tinkerbell, Cookie Monster, Hello Kitty, Spiderman, ect...  that the kiddos/parents want.  

Thank you for the feedback.  You pretty much just confirmed what I was already thinking.


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## SCraig

Disney has been known to come down hard on people who use their images without permisssion.  And it's my understanding that they don't give permission for free either.


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## Rebekah5280

I'm willing to pay.. depending on what they want to charge me that is..  lol


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## 480sparky

Rebekah5280 said:


> I'm willing to pay.. depending on what they want to charge me that is..  lol



I seriously doubt you're that wealthy.


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## Bitter Jeweler

snopes.com: Daycare Center Murals


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## 480sparky

Bitter Jeweler said:


> snopes.com: Daycare Center Murals



I wonder if Snopes has permission to use Minnie on their web site.


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## Rephargotohp

Editorial use


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## Buckster

Rebekah5280 said:


> I'm willing to pay.. depending on what they want to charge me that is..  lol


Can't hurt to contact them, describe what you want to do, and ask what it would cost you to do it.

Here's the contact info: https://licensing.disney.com/Home/d...rint=false&language=en&preview=false&region=0

After all, you can't take the chance and do it without a license agreement with them.  If you doubt that they take their copyrights serisously, check this out:

Willful Infringement: Mickey and Me : Free Download & Streaming : Internet Archive

Maybe it's too expensive to consider, but then again, maybe it's not.  There's only one way to find out.

Make contact, and let us know what happens!


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