How do you get a license to use cartoon characters?

06 May.,2024

 

The sad truth is that it's unlikely you'll get a license to sell Disney characters and products. When you use the intake form on Disney's licensing website, you click on the category – muralist, costume maker, distributor, etc. – indicating what you want to do. In almost every category, you get the same response: No.

Disney's Rights to License

Disney has the right to license the characters in its various movies, TV shows and cartoons, or to not license them. As far as most businesses are concerned, Disney's going with "not."

Are you a retailer? When you click on that category, the message you get is "We cannot authorize your proposed use." Game developer? You get, "We are not seeking unsolicited requests for licenses." Costume maker? The website response is once more, "We cannot authorize your proposed use." They have the licensees they want and they're not interested in what you can do for them.

Right of Resale

Copyright and trademark law says that you can't make Disney items without a license. However, buying items, then reselling them is legal under the first-sale doctrine – you don't need anyone's permission. The first-sale doctrine says that if you buy a copyrighted or trademarked item legally, you have the right to resell it in a store, at a flea market or on eBay.

What you can't do is call yourself a Disney store, or do anything that implies you're an authorized Disney dealer. And if the items you're selling are unlicensed bootlegs, expect a cease and desist letter from Disney.

Going Through Others

You might have better luck working with one of Disney's licensed dealers. Suppose you're a baker and you want to offer Disney imagery on your cakes. Disney's intake form will direct you to DecoPac, the licensed company. Set up an account with them and if you want, say, an image from "Frozen," you pay for the right to use it. The intake-form links on Disney's licensing website can steer you to some of the licensees.

Disney or Not?

Many Disney characters aren't original Disney creations, they're classic characters that Disney has reinvented. Snow White, Sleeping Beauty, Alice in Wonderland and Beauty and the Beast were around long before Walt Disney was born. You have the right to use them, and you don't need a Disney license to do it.

You cannot, however, use the Disney versions; for instance, your Snow White shouldn't wear the same outfit as Disney's Snow White. Be careful that what you assume is part of the fairy tale isn't actually Disney's work. Disney, for example, came up with the names of the Seven Dwarves in the movie version.

A copyright gives the owner exclusive rights in an original creative work. Although copyright protection automatically exists for a cartoon character depicted in a tangible form, registration with the U.S. Copyright Office provides public notice of copyright and a basis for enforcement of your rights under the U.S. Copyright Act. Online copyright registration has advantages, such as a lower filing fee and faster processing than registration by mail. Copyright law does not protect the name, general theme or other intangible attributes of a cartoon character, but federal trademark, state and common law may protect these attributes.

Register Online

Depict your cartoon character in a fixed form, such as a drawing. Upload an image of the drawing onto your computer.

Go to the Copyright Office website and click “electronic Copyright Office” (eCO) to register a cartoon character online. Log in if you already have an account, or follow the prompts to create a new account if you are a first-time user.

Click “Register a New Claim” in the left-hand column of the home page. Select “Work of the Visual Arts” as the type of work, and follow the prompts to fill in required information, including title, publication, contact information and certificate mailing address. Click “Continue” after each step or select “Save for Later” to finish the application later.

Follow the prompts to review and certify the application. Click “Checkout” and pay the nonrefundable registration fee, which is $45 as of 2012. Fill in payment information to pay by electronic transfer, credit or debit card, or deposit account.

Submit a sample, known as a deposit, of your cartoon character. Upload a digital copy onto the eCO website if the cartoon character is unpublished or only published electronically. Print a shipping slip to mail with hard copies, if your work requires a hard copy deposit. You have finished filing your online registration.

Return to the home page and click “My Application” to print a copy of your application for your records. Check your email account for confirmation that the Copyright Office received your application. Track the status of your application by clicking the case number on the eCO home page. You will receive your certificate of registration in the mail.

Register By Mail

Obtain printable copyright registration forms from the Copyright Office website. Go to “Forms,” click “Form VA,” and complete the form on your computer or print the form and fill it in by hand. Write to or call the Copyright Office to obtain forms in the mail.

Submit two hard copies for a cartoon character published in the United States. Submit one hard copy of your cartoon character if it is unpublished or was first published outside the United States, or if it is part of a collective work. Deposit requirements may vary in some situations.

Mail the completed form and $45 filing fee, in the form of check or money order, to the Copyright Office. Send by registered or certified mail to receive confirmation that the Copyright Office received your application. The Copyright Office will mail your certificate of registration.

Things You Will Need
  • Drawing of cartoon character

  • Computer

  • Printer

  • 2 hard copies of cartoon character

Tip

If your cartoon character or comic strip regularly appears in a magazine or other periodical, contact the Copyright Office for information on group registrations.

Warning

Copyright registration extends only to a cartoon character submitted at the time of registration and does not protect works to be produced in the future.

How do you get a license to use cartoon characters?

How to Get a Cartoon Character Copyrighted

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