Copyright & Trademark

[Builder Disney]

I'm in the process of building one of four building facades found at WDW, mainly scaled replicas from Main Street USA. I'd like to post my progress on YouTube and other social media outlets. I have no plans to sell these 84-inch tall facades, however, I'm concerned that my content will somehow infringing on Disney IP even though none of my content will feature IP imagery. Will I be infringing?

 

[Chi84]

I'm in the process of building one of four building facades found at WDW, mainly scaled replicas from Main Street USA. I'd like to post my progress on YouTube and other social media outlets. I have no plans to sell these 84-inch tall facades, however, I'm concerned that my content will somehow infringing on Disney IP even though none of my content will feature IP imagery. Will I be infringing?

You should ask Disney.

 

[Builder Disney]

Hmm...

 

[Builder Disney]

I'm wondering if Chi84's reply is supposed be helpful

 

[Chi84]

I'm wondering if Chi84's reply is supposed be helpful

It is. A friend of mine thought she was operating under the radar by embroidering Disney characters on sweatshirts and selling them as a church fundraiser.

She got a cease and desist letter from Disney.

I know you wouldn’t be selling anything but it seems Disney is the only one who can definitively answer what you’re asking.

I’m sure others will chime in.

 

[NiarrNDisney]

Welcome to the forums

 

[Vegas Disney Fan]

As long as you aren’t selling anything or using copyrighted material you should be good to go, I’ve seen dozens of YouTube videos on how to create Disney stuff. I’m looking at Mickey lampposts in my backyard I made via a YouTube video right now.

I don’t see why Disney would even care since you aren’t costing them money..

If you end up doing it post a link… I’m always looking for fun Disney construction projects.

 

[Builder Disney]

As long as you aren’t selling anything or using copyrighted material you should be good to go, I’ve seen dozens of YouTube videos on how to create Disney stuff. I’m looking at Mickey lampposts in my backyard I made via a YouTube video right now.

I don’t see why Disney would even care since you aren’t costing them money..

If you end up doing it post a link… I’m always looking for fun Disney construction projects.

Thank you for your thoughts, Vegas Disney Fan! I've done a lot of research on the topic, from watching videos to reading endless legal briefs to searching for hours through USPTO. So I think there's a low risk of IP infringement for the work I'm doing. Your feedback helps me see potential blind spots in my research.

Disney does protect certain architectural aesthetics (Cinderella Castle, Tree of Life, etc.) , and the aesthetic of Main Street as a whole does hold particular cachè, however I have yet to find a means by which my work will infringe.

So... What YouTube channels can you recommend for other creators like you and I?

 

[Builder Disney]

I'm hoping I can get additional perspectives from other people in the Forum.
Does anyone else have thought about the situation I initially posted?

 

[lazyboy97o]

The thing about fair use is that it always depends. While there are general principles it is ultimately something determined on a case-by-case basis. Architectural form and design is a form of IP that Disney can own depending on when it was created so you are not necessarily not featuring IP imagery. Personal use is generally considered a fair use but nobody here is going to be able to give you a determinative answer. It’s likely low risk as many people do personal crafts based on Disney projects and they’re not really dedicating resources to going after people doing them. They also likely would start with a cease and desist letter and not jump to filing suit seeking damages.

 

[Builder Disney]

The thing about fair use is that it always depends. While there are general principles it is ultimately something determined on a case-by-case basis. Architectural form and design is a form of IP that Disney can own depending on when it was created so you are not necessarily not featuring IP imagery. Personal use is generally considered a fair use but nobody here is going to be able to give you a determinative answer. It’s likely low risk as many people do personal crafts based on Disney projects and they’re not really dedicating resources to going after people doing them. They also likely would start with a cease and desist letter and not jump to filing suit seeking damages.

Thank you for your input, lazyboy97o!
No, I'm not looking for a legal solution, or path to a "risk-free" solution. Rather, I'm trying to get a feel if others have attempted what I'm doing, and if they encountered any push-back from Disney. I agree, each potential infringement comes with its own unique elements that need to be compiled and evaluated as a whole- thus providing an appropriate risk assessment that's never "zero risk". While my personal risk assessment tells me my risk of legal jeopardy is likely low, my assessment doesn't negate the value of diverse perspectives, exactly what this forum is all about. lazyboy97o, I appreciate your feedback! Thank you again.