Displays featuring The Grinch’s bright green angry face or trees with lime green and fuzzy features may be found almost anywhere you shop in the tri-state area. Is it legal for artists to share Grinch paintings and other creative goods in homemade markets?
I believe that when we watch the Grinch movies, we all feel like Cindy Lou Who, despite the fact that he is a terrible, grouchy Scrooge. Even though I know I love his angry side, I can’t help it. In particular, Jim Carrey’s portrayal of him. He has gained a lot of popularity over the years because of this.
Can You Be Sued For Using The Grinch in Photos?
I was reminded the other day of a caution alerting photographers to the possibility of copyright violations when exploiting the Grinch’s image for commercial purposes. Regarding Dr. Seuss and his characters, his legal staff takes intellectual property very seriously, but this is genuinely sound advice for all creatives.
You already know that something isn’t always real just because it’s on Facebook, so I did a little more research on this! Well, it’s largely true in this instance. From what I could confirm, anyway.
Creating Merchandise With Copyrighted Characters
You can face legal issues if you don’t have a license to produce and market goods that use Dr. Seuss’s original artwork, slogans, or other copyrighted content. If you run an Etsy store selling t-shirts, cups, signs, or pictures of the Grinch, Cat in the Hat, etc., Dr. Seuss Enterprises may send you a warning to halt right away. similar to those in this vendorthread.
Legal Advice for Photographers
I came into The Law Tog, a website that offers photographers tools and guidance on contract creation, client relations, and copyright/trademark management. Because of an incident involving a photographer who went viral after People magazine posted her amusing (though terrifying) Grinch images, they have a piece on this exact topic.
It is very forbidden to use a realistic image of The Grinch for commercial purposes or even to use the moniker “The Grinch” in your advertising. The Law Tog states that “Federal trademark infringement occurs when photographers use terms that are identical to or similar to “The Grinch” in connection with photographs.” Using phrases like “the mean green one,” where the nouns are protected, could be an alternative.
Consequences of Violating Copyright/Trademark Agreements
“Well, aside from the obvious of being given a cease and desist order,” the law continues. Disgorgement of profits (yes, this could include all of the money you made on that session, including any sessions and profits made throughout the use of those images in marketing) AND legal fees may be due to a registered trademark holder if you fail to comply. You might have to pay both your lawyer and their lawyer, I’ll tell you that now. “Stink, Stank, Stunk” would definitely apply to that!
I strongly advise you to read the Law Tog essay in its full if you work as a maker or photographer. In addition to offering a database to look for more possible trademark hazards, they go on to discuss a variety of scenarios pertaining to copyright usage generally.
Inspiration Not Infringement
Here are some more legal tips for photographers who want to respect intellectual property and may be influenced by different trademarked emblems or copyrighted pop culture:
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I hope this helps creative entrepreneurs like you deal with this challenging circumstance. It might be wiser to play it safe and change course or seek counsel from a reliable expert if you’re not sure.
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