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Oh, hell no.

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Oh, hell no.
I guess my struggle with fantasy pins is where you draw the line. Why are fantasy pins ok but scrappers aren't (not at all saying I condone scrappers!). Way is it ok for one person to create a pin using Disney's characters or images and profit off it just as long as they say it is a fantasy pin? If a scrapper seller was up front and said "hey, these are scrappers and they are for sale" would that make it ok? Why are the two scenarios different? I mean, wouldn't a scrapper be technically be more of a legit pin than a fantasy pin??? And are fantasy pins even legal?

I wish I knew trademark law.... Someone once said that if an artist was to do a single original painting that it would be ok but the problem comes with replication of the work. In other words, on original painting would be ok but making prints of that painting would not be ok. So when I look at fantasy pins, the design for the pin, ok, the hundred copies of the pin - not ok. Anyone here know copyright/trademark law and how it applies to this?
 
I really don't think it's right to use any copyrighted material and sell it without authorization. There are laws of parody, and that could be considered if that was the case, but it's not. I feel bad for new/young pin collectors who don't know what a fantasy pin is and probably think they are getting a legit pin. JMO

Also, I agree with Erudolf. At least scrappers use actual Disney art. Not that I want any of those, either.
 

Oh yeah, there are definite copyright infringements happening here. Eventually, when TWDC decides to let the legal hounds loose, they will be bringing police k-9 dogs, too. And I hear they bite hard...lol.
 
People can go insane when something comes up that they have never seen before, case in point:

 
Trading complete bootleg pins has been going on in the disney parks since the second pin event sadly. Disney sorta dug their own grave by not doing anything about the first stitch bootleg pins that came out then. They did eventually send C&D letters to the original bootleg makers but by then they had made so many different bootleg pins and so much money on them they really didn't care. These pins and pins like them are the reason that NO fantasy pins are tradable on PinPics because people just refused to stop at the line on what was copyright infringement and what acceptable. In the end it is completely a personal choice if you don't care where something comes from and you want to pay someone for breaking the law then go for it. But in my personal opinion this is no better than someone making a 100 pins of a pin that disney has made. It is just as illegal and just as wrong. But again that is my personal opinion.

figgy
 
erudolf said:
Anyone here know copyright/trademark law and how it applies to this?
Click to expand...

Fantasy implies Disney but does not violate copyright.

Bootleg -is a pin using a Disney copyrighted item, but is a design that Disney has not made.

Scrapper - same place, same mold as Disney, but not sold/distributed through authorized Disney means.

Counterfeit - A copy of another Disney pin that is authorized by Disney, with the copy being unlawful.

Using these definitions - if Disney designed it in the first place, it is Disney's copyright. Reprint of it, in any form is unauthorized and illegal. It doesn't matter if they call it fantasy, it is a replica of the Disney art. The pin is a bootleg, plain and simple.

The difference here and the UP Mailbox -was the Mailbox had elements that could arguably be too vague to violate Disney's copyright. The issue there was advertising it as a Disney pin. Here, it is a reprint of a Disney creation, just now in pin form. It is something that the creator can get in BIG trouble for.

Hope this helps.
 


So how is it that artists will have stuff using Disney art? Are they just hoping that they don't get caught? Is the only way you can really use anything of theirs in your own piece if it counts as "parody"? What does that even mean and how do you know?

Sorry for the ignorance on this topic. It just interests me and I can't find any good resources that explain it well.
 
erudolf said:
So how is it that artists will have stuff using Disney art?
Click to expand...

I am not sure what exactly you are referring to. There are artist that have permission by Disney to do their own renderings of Disney cartoons, but most of that is sold through exclusive galleries, and I believe they still contain Disney copyright as well. (Lefcort, Gomes, Robison come to mind).

There are plenty of examples out there where Disney has sent a Cease letter to Daycare and Schools with Disney Artwork on their walls -that wasn't authorized by Disney.

Ignorance is not asking questions. ;-)
 
That's not a fantasy pin it's a bootleg, whomever made this pin used Disney artwork from the movie UP. While it's a very pretty pin, it is a ripoff from Disney artwork. Most people who make Fantasy pins only make 100 and you can even have them individually numbered. You just have to be careful not to cross the line between fantasy and bootleg which this guy/gal did.
 
It happened again but this time fewer people bid on it. The winning bid is a bit lower but still too high. If I remember correctly, the winning bidder on this one, is buying a lot of UP pins with eBay to start or get a collection going?
 
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