Just about anywhere you shop around the tri-state area, you'll find displays with The Grinch's bright green grumpy face or trees decorated with lime green and fuzzy features. Even handmade markets feature artists sharing Grinch paintings and creative merchandise, but is it legal?
Even though the Grinch is a rotten, grumpy Scrooge, I think we all feel like Cindy Lou Who when we watch the movies about him. I know I can't help but love his cantankerous self. Especially Jim Carrey's version of him. It's why he has become so popular over the years.
Can You Be Sued For Using The Grinch in Photos?
The other day, Iwas reminded ofa disclaimer warning photographers to be careful about copyright infringement when it comes to using the Grinch's likeness for profit. This is honestly good advice for all creatives out there, but when it comes to Dr. Seuss and his characters, his legal team takes intellectual property very seriously.
I looked into this a little further because as I'm sure you already know, just because it's on Facebook, doesn't always mean it's true! Well, in this case, it'smostly accurate. At least from what I could verify.
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Creating Merchandise With Copyrighted Characters
Unless you own a license to make and sellmerchandise with imagery or phrases originally created by Dr. Seuss or any other copyrighted material, you could bevulnerable to legal trouble. Say you have an Etsy shop with shirts, cups, signs, or photo sessions with the Grinch, Cat in the Hat, etc, you could receive notice from Dr. Seuss Enterprises to stop immediately. Like folks in this vendorthread.
Legal Advice for Photographers
I found a website calledThe Law Togwhich provides resources and advice for photographers when it comes to creating contracts, working with clients, and how to navigate copyrights/trademarks. They have a feature on this very subject because there was an incident that occurred with a photographer after going viral whenPeople magazineshared her hilarious (although traumatizing) Grinch photos.
Using an accurate likeness of The Grinch for profit or even incorporating the name "The Grinch" into your advertising is a no-no. According to the Law Tog, "When photographers are using terms that are same or similar to "The Grinch" in connection with photographs = federal trademark infringement. Some alternatives could be the use of things like "the mean green one", where the terms are protected."
Consequences of Violating Copyright/Trademark Agreements
The Law Togcontinues, "Well, besides the obvious of receiving a cease & desist. If you don't comply, you may owe a registered trademark holder disgorgement of your profits ( yes, this could include all the monies you made on that session including any sessions and profits made during the use of those photographs in marketing) AND attorneys fees. And I'm gonna tell you now, you'd potentially have to pay your attorney AND their attorney." That would "Stink, Stank, Stunk" for sure!
If you are a maker/photographer, I highly recommend reading theLaw Togarticle in its entirety. They go on to explain all kinds of situations regarding copyright usage in general as well as providing a database to search for other potential trademark pitfalls.
Inspiration Not Infringement
Here is some additionalLaw Togadvice for photographers who may be inspired by various trademarked icons or copyrighted pop culture and wish to respect intellectual property:
Don't use any trademarked or copyrighted materials in your marketing or sales to clients.
Do "inspired" sessions - take general elements that can create a scene without infringing on the exact protected marks.
Get permissions, if available. It seems that Counsel for Dr. Seuss Enterprises is recommending to go towww.costumespecialists.com, an authorized character appearance vendor.
YOU CAN STILL TAKE PERSONAL PHOTOGRAPHS OF YOUR KIDS IN COSTUME. The point of this is- you can't use Dr. Seuss' intellectual property for commercial gain.
If you are a creative entrepreneur, I hope this helps you navigate this tricky situation. If you're unsure, it may be best to play it safe and either pivot or consult a trusted professional for advice.
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