DISNEY ENTERPRISES, INC.

 

Disney Enterprises, Inc. (isney is the owner of many of the intellectual properties popularly associated with the name Disney. This includes a large number of animated characters that appear in Disney cartoons, television shows and feature-length motion pictures like Finding Nemo and The Incredibles, including (among many others) Mickey Mouse, Donald Duck, Winnie the Pooh, Buzz Lightyear, Ariel, Aladdin, Timon and Pumbaa.

 

Disney owns copyrights in motion pictures, television shows, music and computer games distributed under different theatrical and television banners, including Walt Disney Pictures, Touchstone Pictures, Hollywood Pictures, Buena Vista Television, American Broadcasting Company, Inc., ABC, Inc., The Baby Einstein Company, Muppets Holding Company, LLC., Hollywood Records, Disney Interactive and Buena Vista Games.

 

Disney also owns the intellectual property rights associated with its theme parks and resorts and various other properties such as books, magazines and other publications, live stage shows and internet content.

 

FREQUENTLY ASKED QUESTIONS

 

I. For Information About Auctions Generally

 

II. For Information About Merchandise and Crafts

 

III. For Information About Videos, VCDs and DVDs

 

IV. For Information About Promotional Items, Scripts and Props

 

V. For More Information About Disney

 

I. For Information About Auctions Generally

 

Q. Why was my auction suspended?

 

A. If your auction was terminated in response to a request from Disney, it means that the item you were selling or the listing itself infringed an intellectual property right owned by Disney. Some of the factors that help to identify infringing merchandise are discussed below.

 

Q. Is there an easy way to identify infringing Disney products?

 

A. Sometimes a seller will use terms like ootleg,opyor an guarantee authenticity. The unauthorized Disney products most frequently sold on eBay include craft or home-made items (including artwork), pirated or bootleg videos, VCDs and DVDs, and promotional materials that were not sold or authorized by Disney for sale or other distribution.

 

To view auctions of authentic Disney merchandise please visit /span>http://pages.ebay.disney.com/index.html

 

Q. Why hasn Disney suspended all auctions selling infringing products?

 

A. Disney vigorously enforces its intellectual property rights. It is possible that some infringing auctions escape Disney attention. The fact that some may be selling products that infringe Disney intellectual property rights does not give others the right to do so nor does it prevent Disney from ending those auctions about which it does become aware.

 

Q. How do I report an auction I believe is infringing?

 

Disney takes reports of suspected infringement seriously and very much appreciates receiving tips about suspicious auctions.Please send the seller name and the suspect item/auction number to: tips@disneyantipiracy.com

 

 

Q. Why does Disney care about small sellers on eBay?

 

A. Disney works hard to preserve the integrity of its name and its copyrights, trademarks and logos. Among other reasons, the auction of infringing merchandise, which is often not of the same quality required of a Disney product, damages Disney reputation and leads to complaints from consumers and internet users about this poor quality. Consumers may attribute to Disney the inferior quality of unauthorized products purchased over eBay. Disney must be vigilant in protecting the goodwill associated with the Disney name and copyrights. For more information on copyrights see http://pages.ebay.com/help/policies/copyrights.html.For more information on trademarks see http://pages.ebay.com/help/policies/trademark.html.

 

Q. I reported an infringement. Can you tell me what happened?

 

A. We consider our investigations confidential, so except for an acknowledgment that we received your information, you will not hear back from us regarding your report. However, we want you to know that we very much appreciate the time you may take to make a report. We do not reveal our sources but if you wish to remain anonymous, you may send information about suspected infringements by mail to: tips@disneyantipiracy.com or by phone, (818) 560-3300.

 

 

 

II. Information About Merchandise and Crafts

 

Q. Why can I sell craft items that use Disney characters?

 

A. While the creation of craft items using Disney copyrights or trademarks is infringing, Disney does not generally dispute craft items made by fans for their personal use. Where, however, those items are listed for sale on eBay, the user is seeking a commercial benefit from his or her infringing conduct. For more information on copyrights see http://pages.ebay.com/help/policies/copyrights.html.For more information on trademarks see http://pages.ebay.com/help/policies/trademark.html.

 

 

 

 

Q. What if I use artwork that is in the public domain?

 

A. Some operate under the mistaken belief that, if they can download an image from the Internet, that the image is ublic domain. This is not true. Simply because Disney art and characters are accessible on the internet or elsewhere does not mean that they are n the public domain The fact that you physically can copy our properties does not mean it is right or legal to do so.

 

Q. Why did eBay allow me to post my auction if it is against the law?

 

A. eBay does not generally pre-screen auctions and does not verify that sellers have the right to sell the listed item. It is the Seller responsibility to be sure she/he has the legal right to sell an item.

 

Q. I thought the item was authentic. Why can I resell it on eBay?

 

A. Infringing product is illegal and can cause harm to Disney, as owner of the intellectual property, and to consumers who are deceived. Both are victims, even when the seller idn know.Knowledge is not required for a seller to be liable for damages under either the Trademark Act or the Copyright Act.

 

Q. Can I sell unauthorized product if I warn buyers that the product isn real?

 

A. No. Even if you are not deceiving a buyer, a later purchaser might be deceived and anyway it would be a violation of Disney rights. Even if the infringing product is not resold, the product itself communicates a wrong impression about the quality and characteristics of authentic merchandise. Deception of the purchaser is not required for a seller to be liable for damages under either the Trademark Act or the Copyright Act.

 

 

 

 

 

 

Q. Can I use Disney trademarks, artwork or music to make my listing more appealing?

 

A. No. The use of trademarks, logos, trade names, artwork or music owned by others, including Disney, may violate copyright law and/or wrongly imply that your listing is authorized, sponsored or approved by that third party and it may dilute the value of those intellectual property rights, in violation of both state and federal law. The use of trademarks as keywords to drive traffic to your listing may violate trademark laws as well as eBay own policies: http://pages.ebay.com/help/policies/trademark.html.

 

III. Information About Videos, VCDs and DVDs

 

Q. Can I sell videos or DVDs?

 

A. If the video or DVD is an authorized Disney copy, then you can re-sell your video or DVD in the territory in which it was originally released.

 

Q. What about legitimate Disney videos, VCDs or DVDs released outside the United States?

 

A. You cannot sell Disney videos, VCDs or DVDs that were released for sale in other markets. These are called arallel imports,and it is a violation of federal law to import or sell in the United States a Disney product that was released for sale in another market.

 

Q. What about VCDs?

 

A. The Video Compact Disc (or VCD) is an optical disk format that is popular in some markets in Asia. Disney has released VCDs in some markets, but Disney has not authorized distribution of VCDs in the United States. All Disney VCDs offered for sale in the United States are infringing as pirated product or unauthorized parallel imports and may be taken down.

 

 

 

 

 

Q. Can I sell copies of television shows that I recorded from a free television broadcast for people who may have missed an episode of their favorite show?

 

A. No. You cannot sell an unauthorized copy of a video or DVD or recording from television broadcast. Only original videos distributed by Disney for resale can be sold on eBay. Any copy of a television show, even if it was originally broadcast on an over-the-air network, is an infringing copy, and any listing offering such product may be suspended.

 

Q. What about converted or backup copies?

 

 A.You cannot sell such a copy even if you call it a ackupor onvertedcopy. You cannot take a video released in PAL format for use overseas and make a copy onvertedto NTSC format for viewing on players commonly available in the United States. Similarly, you cannot take a DVD released for Zone 6, for example, and make a onvertedcopy for viewing in Zone 1. These are all pirated copies that can be taken down for violating Disney rights.

 

For more information regarding pirated videos, see the Motion Picture Association of America About Me page at http://members.ebay.com/aboutme/mpaa. You can also find more information at http://pages.ebay.com/help/policies/unauthorized-copies.html.

 

Q. Can I sell camcorded videos I or someone else took of a theatrical production such as LION KING, BEAUTY AND THE BEAST or Disney on Ice?

 

A. No. This would be infringing on Disney rights and applicable law. No camcording is permitted of any Disney theatrical production or Disney on Ice.

 

 

 

 

 

 

 

 

 

IV. Information About Promotional Items, Scripts and Props

 

Q. Can I sell movie trailers?

 

A. No. Items used to market motion pictures, like trailers, are distributed in commercial channels for use as promotional items by Disney promotional partners. These items are not sold by Disney, but are licensed to the promotional partner for limited use. The promotional partner is not permitted to sell or dispose of these items in any way in which they can then enter sales channels, like eBay.

 

Q. What about screeners?

 

A. The same rule applies to screeners, which are distributed for a limited purpose and are expressly not for resale.

 

Q. What about press kits or EPKs?

 

A. Any promotional item that is not distributed in the consumer marketplace is subject to the same restrictions set forth above. Press kits, both of the traditional type and electronic press kits (PKs are not distributed for resale. Anything made from such materials is also unauthorized and infringing. So-called film cells that are manufactured from promotional material like trailers are also infringing and may be taken down in response to a request from Disney. You can find more information about promotional items at http://pages.ebay.com/help/community/png-promotional.html.

 

Q. Can I sell film prints?

 

You cannot sell 35mm prints of Disney films. In addition to the fact that such prints have not been distributed for resale, those prints are banned by eBay policies. See http://pages.ebay.com/help/policies/unauthorized-copies.html.

 

 

 

Q. Can I list scripts or props?

 

A. No. As a general rule, scripts and many other elements used in producing motion pictures and television shows remain the property of the producer. You should be very careful before listing or buying any props or other elements, such as scripts, which are stated to have been used in production. If you are interested in purchasing scripts or props, legitimate scripts and props are offered by Disney on its Disney Auctions site at www.disneyauctions.com from time to time.

 

V. For More Information About Disney

The Walt Disney Company

Corporate Legal/AntiPiracy Group

500 South Buena Vista Street

Burbank, California 91521

E-mail: tips@disneyantipiracy.com

 

 

Due to the large number of messages we receive, we cannot respond to emails that ask questions already answered in this About Me page. We may take a couple of weeks to answer questions not addressed above.

 

We welcome any information on the sale of infringing Disney merchandise, which can be sent to the addresses noted above.

 

For more information about Disney and legitimate product incorporating Disney artwork, please visit http://www.disney.com