Disney

Why Does Disney Sue Everyone Who Uses Its Brand?

Rashidaprofile image
Written By

Rashida

Disney is one of the most popular brands in the entire world! You would be hard-pressed to find a person who does not know at least one Disney character, film, or story. Disney’s popularity also makes it incredibly profitable, as it earned over 11 billion net dollars in 2019. Because it is such a recognizable brand, many creators like to incorporate it into their content or products in order to boost views and sales.

As you might expect, Disney is not down for that.

Disney has a long history of battling every single copyright infringement, even from small shops or creators.

But is it really necessary for Disney to battle and shut down every single person selling homemade Baby Yoda toys?

Is it Hurting Disney?

Does it really hurt Disney when people use a song in a YouTube video or create Baby Yoda memes? In fact, this kind of content really seems like a free promotion for Disney. In the case of something like memes, Disney is not really losing out on sales. If you share their content without the intent of commercializing it, what is the big deal?

Well, you can think about it like the “snowball effect.” A snowball seems small and harmless at first, but if you let it go on, it picks up more and more snow until it becomes uncontrollable. Using Disney’s copyrighted material in a video or for your small Etsy shop seems pretty harmless, but Disney goes after each and every possible case to protect its intellectual property. In fact, failing to press charges because the infringement is “too small” may actually give Disney trouble when defending future cases that may be more serious.

Copywrited Material is Not Yours to Use

While it may be frustrating that such a giant company will go out of its way to shut down the small guys, they have the right to do so. Disney can and should defend any material that they created or own the intellectual property for.

What happens if you violate the copyright will depend on the situation. For most Etsy sellers, it means getting your listings removed and a warning from Etsy. If you stop there, it is unlikely that you will face any further problems. Violating the copyright on a larger scale or refusing to stop once Disney has taken action could lead to a serious lawsuit that you probably want to avoid.

Be Creative

It makes sense why creators and Etsy sellers want to incorporate Disney into their content or products, but think about it: how would you feel if another seller started copying your designs for profit?

While you can always apply for Licensing, this is not feasible for everyone. Instead of breaking copyright laws, here are some things you can do:

  • Use “Disney inspired” material including public domain images, themed colors, similar font, etc. Just make sure you do not use any copyrighted material including the names, characters’ images, or music.
  • Stay compliant with all trademarks and copyrights, even if that makes things more difficult. Reach out to a legal professional for some assistance if needed.
  • Create your own unique characters and designs.

When Disney fights against copyright claims, no matter how big or small, it is protecting its intellectual property and rightful ownership. There are still many ways to sell or create that do not violate copyright laws.

Thumbs up

Like this post?

Find out how Content Cucumber can write blogs like this for you.