Legal Question in Intellectual Property in California
Impersonate Disney or Other Character?
Hi,
No offense, but I really need an attorney who specializes in IP work to look at this - not speculation from someone writes wills or runs a ticket clinic.
I have been approached with the opportunity to participate in a business startup that exists only on the back of a napkin right now - but it's a great idea. I need an initial first glance at this and after that if I jump in, the founders and I will need ongoing legal support either defending ourselves :-) or negotiating licenses.
The question: Are there copyright and/or trademark issues with respect to 'impersonating' a Disney or other character using solely audio means? No visual representation of the character would ever be involved.
The basic concept is this: Your child won't eat her vegetables, clean her room or is fighting with her sister. She gets a pre-recorded telephone call from her hero/heroine (Cinderella, Elmo, whoever...) explaining why it's important to eat all her food, obey mommy or get along with their sibling. You get the idea.
I'm not sure the name of the character would even need to be stated. Depending on how distinctive the voice is, it may be enough to allow the child to make the connection in their own mind.
1 Answer from Attorneys
Re: Impersonate Disney or Other Character?
Yes, there are issues. You'll need a license from the owner of the character in question.
Only if you're inventing your own characters would you be able to do this without licensing.
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