Copyright DMCA Response Advice

[wadelymon]

Jurisdiction

California

Hello,

I recently received a notice that one of my works was removed due to infringement. I am currently trying to make t-shirts and eventually bronze religious style icons, among other things.

The piece(below)

WAS REMOVED because we don't wish to be sued for violating anyone's alleged copyright.

clearly uses the Mickey Mouse image but i am 99% positive it constitutes parody. Would I need to explain the meaning behind the piece? The name that I made it under is Capidolism, so I think that and the imagery kind of makes the meaning obvious. Also, I am kind of trying to leave that somewhat open to interpretation. Regardless of parody, isn't there something about a certain percentage being changed? I would imagine this must fall under that category as well. This piece I made probably 6 years ago but never did anything with it until this last week and within 2 days I received a DMCA notice. I knew that this would eventually happen, it was somewhat intended, I'm pretty proud that I was able to get their attention so quickly.I am currently working on an updated version that changes the Mickey Mouse image even further, making him lavender, adding fangs, a long tongue and a huge gold crown (my avatar), I feel like this must definitely be fine, should I just use this one? This piece is part of a larger body that I have been working on for some time now with an entire pantheon and other derivative works. I eventually plan to encourage the duplication and remixing of these works so that it is able to grow and take on different styles, mediums and potentially meanings, similar to the way religions evolve. A lot of planning has gone into this and I have a lot of plans for it in the future so this is not really something I want to drop. What would I need to do to protect future works, not from "stealing" but from people reworking my art having any risk of legal consequences? I hope this is enough information for you to understand my situation, I greatly appreciate the help.

Also, I own a company and that is all set up properly with a DBA and everything, it is called Jackdaw Creative. If I am creating art under the name Capidolism as well, do I need to go through the same process of setting that business up too or is there a way I can use the business license from Jackdaw Creative with an additional DBA for Capidolism? What would be the best way to handle this. Again, thank you so much.

-Wade

 

[hrforme]

Who did you receive notice from? I can tell you that Disney defends its copyrights to the full extent.... It is obvious that is Mickey Mouse (that head is an exact copy!). Your avatar is less obvious but still uses the MM ears such that it points back to MM.

You might read this article: Legal Insights: Is it fair use? It depends.

I think you need serious legal advice that you won't find out on a free forum. Especially if you want to protect future works from others reworking your art (but isn't that what you are doing with Disney's art?)

 

[army judge]

I removed the IMAGES you were warned about, because we don't wish to receive a similar warning.

That said, I suggest you STOP using any and all Disney images.
Disney is very aggressive in defending, protecting, and limiting the use of their property, all of their property.

You should speak with a lawyer within the next 24 hours.
Most people don't need to do so, but your use of certain images seems very pervasive.

Your belief that a DBA can assist or aid you in using copyrighted materials is way off base.
Again, you should do as the letter requested, and consult an attorney to better understand why you do so, and how this could destroy you financially for the next 50 years, if not longer.

 

[wadelymon]

Who did you receive notice from? I can tell you that Disney defends its copyrights to the full extent.... It is obvious that is Mickey Mouse (that head is an exact copy!). Your avatar is less obvious but still uses the MM ears such that it points back to MM.

You might read this article: Legal Insights: Is it fair use? It depends.

I think you need serious legal advice that you won't find out on a free forum. Especially if you want to protect future works from others reworking your art (but isn't that what you are doing with Disney's art?)

I think you misunderstand, I DO want people to rework it and it is a direct reference to Disney and Mickey Mouse. Its parody, its supposed to represent Mickey Mouse. Im using Mickey Mouse as the figurehead for what is basically a modern religion devoted to the worship of money. It's much more than that but I think that much is evident. My main inspiration was Disney's use and profit of public domain material while simultaneously essentially eliminating the public domain in the 30s and also pursuing infringement to the full extent. It also helps that Mickey Mouse himself is a Buster Keaton parody protected by the same act I'm looking to be protected by.

 

[wadelymon]

I removed the IMAGES you were warned about, because we don't wish to receive a similar warning.

That said, I suggest you STOP using any and all Disney images.
Disney is very aggressive in defending, protecting, and limiting the use of their property, all of their property.

You should speak with a lawyer within the next 24 hours.
Most people don't need to do so, but your use of certain images seems very pervasive.

Your belief that a DBA can assist or aid you in using copyrighted materials is way off base.
Again, you should do as the letter requested, and consult an attorney to better understand why you do so, and how this could destroy you financially for the next 50 years, if not longer.

Hahaha ok.
Obviously the DBA question has nothing to do with copyright, it was more just a quick question I didn't want to start an entire thread for. I'll edit that part out if I can.

Nowhere did I say I received a letter that suggests I speak with an attorney. I received a DMCA notice from a website that I was trying to sell shirts on informing me disney requested they stop anything from being sold. And yeah, Disney is very aggressive, but typically only when it comes to direct reproductions. Mad Magazine has continually parodied Disney for years with no legal acton whatsoever. I understand that my art is offensive and strikes a chord, thats the point, but I feel like its distracting from the point. You just seem like you're trying to scare me, and you're just making assumptions. There are countless examples of similar cases where the art was considered to be fair use and borrowed even more. I only borrow what is necessary to make my point.

 

[hrforme]

Part of your issue then is that you are trying to profit off the sales if you are trying to make and sell shirts with this (or other images).

Not trying to scare you but if you asked what company protects its copyrights more than any other? I doubt you would find many people that wouldn't answer Disney. They have many attorneys on staff and deep deep deep pockets. Do you?

Years ago, they shut down a day care center that had painted Disney characters in a mural on the wall, etc. They will protect their brand as far as they need to do so. You can try to take them on...more power to you. But I truly doubt you will end up on the winning side!

 

[wadelymon]

Part of your issue then is that you are trying to profit off the sales if you are trying to make and sell shirts with this (or other images).

Not trying to scare you but if you asked what company protects its copyrights more than any other? I doubt you would find many people that wouldn't answer Disney. They have many attorneys on staff and deep deep deep pockets. Do you?

Years ago, they shut down a day care center that had painted Disney characters in a mural on the wall, etc. They will protect their brand as far as they need to do so. You can try to take them on...more power to you. But I truly doubt you will end up on the winning side!

Yes, I know, that isn't great. Luckily I haven't made any money from it and it was pulled before I had. And yeah I am definitely out of my league, against anyone, not to mention Disney. I am not entirely sure how I will proceed but I appreciate the responses. I have emailed a lawyer in my area to see about reviewing my case. I will update this if anything happens. Luckily I'm still young and own nothing of value. If I do continue it's sure to be an experience.

 

[army judge]

Hahaha ok.
Obviously the DBA question has nothing to do with copyright, it was more just a quick question I didn't want to start an entire thread for. I'll edit that part out if I can.

Nowhere did I say I received a letter that suggests I speak with an attorney. I received a DMCA notice from a website that I was trying to sell shirts on informing me disney requested they stop anything from being sold. And yeah, Disney is very aggressive, but typically only when it comes to direct reproductions. Mad Magazine has continually parodied Disney for years with no legal acton whatsoever. I understand that my art is offensive and strikes a chord, thats the point, but I feel like its distracting from the point. You just seem like you're trying to scare me, and you're just making assumptions. There are countless examples of similar cases where the art was considered to be fair use and borrowed even more. I only borrow what is necessary to make my point.

Buddy, you're wasting your brilliant legal skills on another homeless guy who spend his days in public library trolling legal discussion boards.

With such an intense, schooled, educated, and genius for the law; you need to be communicating with one of those supreme court people, or some powerful lawyer in Philadelphia, or Matlock, those guys are geniuses.
My IQ is hovering right along at 65, or so.
I can hardly think with the "voices" yelling at me all day, and I keep soiling myself, front and back all day long.

Yeah, I suck and my life does, too.