I recently bought a Frozen themed stripper deck because I want to add a trick with fairy tale characters and it got me thinking.

Can I use products in my act that are made by Disney (and or Bicycle) or some other authorized manufacturer?

I have been playing around with several ideas and it occurred to me that all or some of them might be illegal. It would be better to identify the bad ideas now rather than get a Cease and Desist when my trick becomes the hit of my act!

So here are some ideas, are any of these okay?

The Disney stripper deck I mentioned above?

I wanted to have a trick where I guess the thought of thing. I don't want to use cards because I cant expect the kids to remember the pips. I thought Lorcana cards have Disney characters and that would be an easy thing to use for this purpose because they already exist and I can pretty much pick and choose what characters to include.

I have a handmade set of Color Monte cards I've been testing using the Disney bicycle cards that kids love because the story about a hustler at a fair is not as compelling to kids as the story of Snow White. A lot of these kids don't have an allowance and don't know the meaning of money... so losing $14... well... they understand the concept but its not engaging.

Saying a name of a character? For instance, I could say Ebenezer Scrooge had a dream but could I say Scrooge McDuck had a dream?

From my understanding, personally using them should be ok, yet if you were to be producing those tricks for sale is where you would get into licensing procedures.

Can "Guess a Disney Character" be part of a trick?

I mean, I know character costumes get people in trouble... I just don't know what the law is when you are talking about Disney characters or Star Wars(Disney) or Marvel (Disney) I mean, let's face it... Disney went out of their way to buy up everything kids love so... can we talk about pop culture or not?

Are you selling "Guess a Disney Character" as a product? It is in this area of copyright and licensing that would bring trouble.
If it is something you are only using personally, I would think you will be alright.

LOL No but if its a paid gig I thought that might be an issue, selling a service. I guess I'm just confused why someone couldn't wear a costume but could tell a story and show a card with the same image. Copyright law has never been totally clear to me.

Thanks for your input.

If it really is a concern you should consult an actual legal professional whose focus is IP Law. Disney has a reputation for strongly protecting their intellectual property.

Yes it is an issue. Consulting a qualified attorney is the best advice you will get.

Think of it this way. Forget the name Disney. Consider them an artist much like yourself.

You have created this wonderful character that many love and adore. Do you want another artist just using it in a way you clearly didn’t intend?
If not then don’t do it.

I am always surprised how little it tends to bother magicians to lift the work of other artists.

Yes, you can use Disney-branded props as long as the manufacturer is/was licenced to use the IP. Using Lorcana cards during a magic trick's performance is not illegal because ideas, facts, and, most importantly, names are not eligible for copyright protection under US copyright law. However, printing your own cards featuring Disney characters might get you into hot water.

You're not infringing Disney's rights if you mention one of their characters, such as Scrouge McDuck, during your performance. If this wasn't the case, authors and film makers would not be able to mention any characters, brand names or trademarks in their books or movies! However, some people avoid doing this so not to date their stories.

Derivative works are different. If you dress up as Scrooge McDuck and perform in character as the money-pinching mallard, their formidable team of lawyers would, most likely, come after you. Even so, some protection under the "Fair Use" doctrine is afforded to individuals using copyrighted content in derivative works.

In addition, if the 95-year copyright term has expired for a charcter, then you can use them in any of your creative projects without gaining any permission from the likes of Disney. The original black and white "Steamboat Willie" version of Mickey Mouse has now eneterd the public domain. As has Winnie the Pooh, Tiger, Peter Pan, Pinocchio, Maleficent and, more recently, Donald Duck.

This issue is complex because it depends which character you're using and how you're planning to use it in your performance.

Marty

P.S. Here's some further reading on this topic.

Correction: Donald Duck's copyright term ends in 2030. So you'll have to wait a little longer to perform magic as that particular angry duck! Scrouge McDuck enters public domain quite a few years later, in 2043.

Marty