disney costumes

[gardenmom5]

for the serious connoisseur.  they're fabulous.

 

designer daddy and his amazing disney costumes.  he's found his niche.   

 

https://www.facebook.com/Thedesignerdaddy/

http://www.deseretnews.com/article/865656340/The-Clean-Cut-LDS-dad-makes-Disney-costumes-for-entire-family.html

[bettyandbob]

And I thought the Cinderella dress I made dd when she was 5 was elaborate... 

[MercyA]

Wow! I love it! And the wedding dress he made for his wife, so gorgeous! 

[eternalsummer]

not the legalest thing I ever saw, but looks cool

[Lawana]

not the legalest thing I ever saw, but looks cool

How is it not legal?

[eternalsummer]

Well, maybe he has a license, but I seriously doubt it.  I get that he makes these for personal use (which doesn't exclude him from trademark/copyright violations, but makes Disney less likely to care), and that Disney is generally okay with cosplay costumes for little kids when going to the park, but it's still kind of murky.

[bettyandbob]

How is it not legal?

I suppose the pp is referring to copyright violations. I didn't read it closely, but I didn't see anything that said he was selling the costumes and labeling them "Disney".

 

As long as he's making them, but not selling for profit there should not be an issue.

 

If he does do this as a business he should be able to sell his designs, but he needs to get all Disney reference out of them and out of his descriptions​. He should seek an attorney to do this. He's already been employed as a designer so he knows this.

[eternalsummer]

It is not legal to use copyrighted material or make copies of it for personal use (unless you are doing it for educational purposes, which is different).

 

 

[bettyandbob]

From what I could see it was his own designs. He wasn't purchasing Disney designs and copying (taking dresses apart to use as patterns).

 

That's not a copyright violation.

[eternalsummer]

taking dresses apart to use as patterns would be acceptable as long as the dresses aren't part of a trademarked look, I'd think (my knowledge of the law is really biased in favor of not using other people's IP, though, so as not to get in legal trouble in my own business).  Dresses and other articles of clothing are not copyrightable, but I was pretty sure that making replica dresses (copies) of the ones worn by various Disney characters was infringement - I guess on trademark instead of copyright, though?

 

I suppose as long as you're not selling the trademark infringing items, it's not illegal?  I am not sure on that.

 

 

[Mothersweets]

I love this!! And the one that turns from Belle in her blue dress into the gold ball gown - amazing!! 

[gardenmom5]

taking dresses apart to use as patterns would be acceptable as long as the dresses aren't part of a trademarked look, I'd think (my knowledge of the law is really biased in favor of not using other people's IP, though, so as not to get in legal trouble in my own business).  Dresses and other articles of clothing are not copyrightable, but I was pretty sure that making replica dresses (copies) of the ones worn by various Disney characters was infringement - I guess on trademark instead of copyright, though?

 

I suppose as long as you're not selling the trademark infringing items, it's not illegal?  I am not sure on that.

 

 

did you see what this guy does for a living?  he. is. a. clothing. designer.   he doesn't need to take a dress apart to make a new one.  and some of his dresses do things no disney costume ever did.  re: belle as peasant girl turns into belle golden-ball gown.

 

his children have worn their costumes to disneyland - disney wasn't complaining, so why are you?

[MercyA]

his children have worn their costumes to disneyland - disney wasn't complaining, so why are you?

 

I don't think she's complaining. As an Etsy seller, she's probably just much more familiar than most of us with the legalities of this type of thing. 

 

ETA: Here's an interesting article on Etsy about the production of fan art. 

Edited April 23, 2017 by MercyA

[eternalsummer]

I'm not complaining; I think most companies would do much better to ignore copyright/trademark violations of fandom - but the law says that in order to maintain the trademark they have to defend it, so they can't just ignore it entirely.  I super super super wish Disney didn't have to police their trademark, and that they didn't hold the copyright to their conceptions, because I could make a fortune doing labels with my own drawings/interpretations of Disney's characters (or of interpretations of Disney interpretations of storybook characters).  But because I could only make the money by doing something that people recognized as Disney, it's not legal. 

 

Taking apart the dress or not is not the issue; it has nothing to do with it.  I could take apart any dress ever made and make a copy and sell the copy and no harm would come to me, because you cannot copyright clothing designs.

 

What you can trademark is your character and their presentation.  If I make a whole bunch of dresses that look like the one Cinderella wears in the Disney version, even if I don't sell them as Cinderella dresses, it's pretty obvious that I am selling them *because* they look like Disney's version (otherwise I'd make my own version) and then I am using their IP and infringing on their trademark.

 

For personal use it is more murky.

[Cecropia]

The Deseret News failed to mention that Mr. Garcia is definitely attempting to profit from copyright infringement.

 

http://www.today.com/parents/dad-designs-magical-disney-inspired-costumes-his-kids-t100091

Garcia’s magical creation stole the show at Disneyland. That day, several park visitors approached him and asked how they could buy one of his remarkable outfits. [...]

 

By the following day, he’d gotten 10 commissions for costumes, and as word spread about Garcia’s amazing designs, the orders kept flowing in. Soon, Garcia launched an online business, Designer Daddy, to sell his fantasy costumes for kids and adults.

 

Now, demand for Garcia’s creations is through the roof. His waiting list for costumes is two years long, and he gets about 300 emails a day from people inquiring about custom outfits.

 

If he had Disney's licensing, wouldn't he have to specify that and have ©Disney all over his photographs and web pages?

 

It makes me kind of upset that Disney will come down like a ton of bricks on a tiny business in Podunk, USA over copyright, but let Mr. Garcia slide.  It's crazy... He's constantly using Disney's own venue and staff as part of HIS advertising!  There is no way that Disney is unaware of his business.  Since it's so popular, I'll bet that Disney is sitting back taking a lot of market research notes, letting him do the work for them, for now... then they might shut him down once they have all the data they need.

[Annie G]

The Deseret News failed to mention that Mr. Garcia is definitely attempting to profit from copyright infringement.

 

http://www.today.com/parents/dad-designs-magical-disney-inspired-costumes-his-kids-t100091

 

If he had Disney's licensing, wouldn't he have to specify that and have ©Disney all over his photographs and web pages?

 

It makes me kind of upset that Disney will come down like a ton of bricks on a tiny business in Podunk, USA over copyright, but let Mr. Garcia slide.  It's crazy... He's constantly using Disney's own venue and staff as part of HIS advertising!  There is no way that Disney is unaware of his business.  Since it's so popular, I'll bet that Disney is sitting back taking a lot of market research notes, letting him do the work for them, for now... then they might shut him down once they have all the data they need.

 

I used to wonder the same thing about Duff Goldberg of Ace of cakes fame. He clearly engages in copyright infringement (and did long before his show) but he either gets away with it or he obtains permission but doesn't mention it on the show.  Being sued can be very expensive- in the 1980's a bakery I worked at did a Snoopy cake and was fined more than 20K. That was a lot of money back then. I was glad I wasn't the decorator who did that- I specialized in freehand drawings of non copyright images (think a client's house on a cake or something like that), but it was still scary for all of us who worked there. 

[eternalsummer]

Disney has to take action legally if someone reports him to Disney; failing to protect their trademark makes it possible to lose it.  They don't have to take action if they are just technically unaware of it (that is, no one reports him to their legal department).

 

He could be licensed but I doubt it; it costs an arm and a leg and requires a lot of hoop-jumping and time in the industry (years).