Would this be copyright infringement?

[Sweetchocolatecandy]

Apologies in advance for sounding clueless in this post but I’m just starting to set myself up as a sole trader so I’m on a massive learning curve!

So my question is- I understand companies like Disney are massively protective of their brand and will essentially go after anyone using their images etc without permission but what are the legalities around selling someone else’s product with a Disney image in? I’ve read that it’s perfectly legal to buy and resell products but would this still apply?

Basically, i want to use some Disney cake decorations which are being sold on a popular website (I don’t know whether they have permission from Disney or not) but I don’t want to get myself into trouble or get involved in any copyright infringement so could someone with any knowledge on this subject please advise?

[Supersimkin2]

Don't. Cos you'll be liable as a reseller if the supplier is taking liberties.

[PolarnOPirate]

I am a cake maker - for copyrighted characters (I tend to avoid them anyway!) I always recommend the customer sources their own toppers or small toys to go on top. If the toppers are from disney then even better.

Countless etsy sellers etc break copyright laws and reproduce disney images for toppers, but it's on them to buy the licensing - if you are buying from the etsy seller and then selling the cake then pretty sure it's not going to get you in trouble, as you can assume that the person you bought the topper did everything legally. If you're the one making the topper then yes that would be an infringement. Not an expert but that's what I learnt during a cake business course (few years ago).

[PolarnOPirate]

Oh As I say, I just leave it up to the customer to add their own topper/figure. Probably safest!

[Sweetchocolatecandy]

Ah ok, so as long as I’m not making the images myself it’s legal to buy and resell Disney products? Thank you for the replies by the way :-)

[delilahbucket]

No it isn't legal, but it isn't copyright law. By using the terms Disney, or the name of the character to sell your product, it's trademark infringement. And yes, it is equally as serious. Disney licences cost £10k+, so most people don't have them and even if they do, that allows them to resell, not their end user, and their products must stipulate "not for commercial use".

[LibrariesGiveUsPower45321]

As Delilah said it’s trademark infringement. Disney are pretty hot on it apparently and it certainly isn’t legal unless you’ve had permission.

There was a big drama last year when a load of American photographers did themed Grinch sessions - the idea went viral - someone dressed up as Grinch for the photos with kids. Dr Seuss company sued several photographers for trademark infringement and it was very very messy.