Phonedave
Well-Known Member
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Disney is actually quite careful with their litigation tactics. While many people cite a few instances where they've been especially tenacious, the truth is that they pick and choose. I do artwork at a lot of conventions, and many artists (like myself), have created fan artwork and mashups of Disney characters. Only a few artists get picked to have their stuff removed, usually because the style is too on point with Disney's, or its an against the Disney brand (An artist selling a "sexy Elsa" was given a cease and desist at one con)
I have quite a few friends who do the character party rounds. Most of the Princess Party companies avoid fights with Disney because they don't advertise the characters as the genuine characters...It's "Ice Queen" or "Street Rat". They openly say they are not affiliated with the Disney company, and for the most part Disney turns a blind eye because, as long as they do a good job (no Elsas twerking), they're pushing their brand still.
In addition to that, pursuing legal action is a futile endeavor, especially since there are HUNDREDS of them across the US. Disney would have to individually cease and desist and sue each of them.
I met one artist in town that was selling what looked like EXACT Disney character sketches. These looked exactly like what the Disney artists sell in the Art of Disney stores. She was also selling art for kids bedrooms with Disney characters on it.
I mentioned to her that her stuff actualy looked like a Disney artist had done it, and she replied "that's because I was one". Apparently she worked for Disney for a while, but then had to quit because she had to move to NJ. She was allowed to keep a number of sketches that she had made while employed, but not create any new ones. The old ones were what she was selling. If you wanted a your kids name with Disney characters next to it, she would draw your kids name in a "Disney style" and add appropriate decoraction around it, and then mount an existing sketch in the same frame. She said she was very carefull not to violate any of the terms of her agreement, as she never knew if she would have a chance to work for Disney again.