License, Disney license and sells of items

sugunwar

Hello, guys.

Are there anyone who know well license tips and tricks and rules. 

Could someone explain that clean? 

I made SpiderMan sculpt and I want to sell it on turbosquid, should i have disney license? 

I made SpiderMan sculpt and I want to print it in 3d and sell the items, should I have disney license?

I made SpiderMan sculpt and I want to print it in 3d and sell the items, but it's stilized like baby spider- man or boxhead SpiderMan or woman spiderman, should I have disney license?

I made SpiderMan sculpt and printed it and want to sell in on amazon, who will check my license?

If I reallly must to have license, am I should pay % from selling to disney for it or am I should rent the rights for it for one milions dollars and still pay % from selling?

I saw thousands items on amazon and it's hard to belive that everyone has all licenses.

I will be glad any feedback,

With respect, Oleg.

JordanN

Did you invent Spider-man? Even without going into licensing, from a moral perspective it seems pretty sketchy to profit from another person's creative idea without giving credit or reimbursing them.

Just because others have gotten away with it, doesn't stop Disney from pursuing legal damages in which case, the court would be heavily stacked against you.

sugunwar

JordanN said:

Did you invent Spider-man? Even without going into licensing, from a moral perspective it seems pretty sketchy to profit from another person's creative idea without giving credit or reimbursing them.

Just because others have gotten away with it, doesn't stop Disney from pursuing legal damages in which case, the court would be heavily stacked against you.

I just try to understand market rules. For example there is aquaman


 to do stuff like that need to spend a lot of time, and it's fine to pay % from income to DC but I just dont know how it work and I try to understand it

Eric Chadwick

Yes, everyone has licenses. The ones who don't have licenses will get the attention of lawyers hired by copyright holders (Disney, DC, etc.).

You can try to sell without a license, but you should expect to be sued for damages.

This book is worth finding in your local library, or purchasing (like I did). It is very inexpensive for what you get!

• Graphic Artists Guild Handbook: Pricing & Ethical Guidelines 

NikhilR

Atleast on Turbosquid I've seen sellers use this disclaimer,

"The intellectual property depicted in this model, including the brand "disney", is not affiliated with or endorsed by the original rights holders. Editorial uses of this product are allowed, but other uses (such as within computer games) may require legal clearances from third party intellectual property owners."
For example,
https://www.turbosquid.com/3d-models/3d-model-princess-anna/950409

By doing this the seller puts the licencing liability on the buyer, basically selling the model for educational/editorial use.

Now if you are using it in a commercial way, such as making a unofficial disney game that is sold using these assets, you might land into trouble (if disney takes notice)

If you're using it for an animation reel/fair use youtube video then well, it depends... Usually most corporations would send you a takedown, mostly when you've made the most of your use.

(Like the free Middle Earth Role Playing Project for Elder Scrolls Oblivion that was massacred by Warner Bros few days before final release. This mod was built from scratch but Warner Brothers had an issue with names/trademarks/copyrights.etc primarily because of Lord of the Rings Conquest being released around the same time.)

Also many models on turbosquid are game rips that are touched up for resale with educational/editorial licence so you might infact be buying a model created by disney in the first place.
In these cases Turbosquid simply drops the responsibility of the licence on the seller who passes it on the buyer. 

Jonas Ronnegard

Also most companies especially a company like disney would probably not just want licensing money and royalties they would also want to quality check products and designs, they wouldn't want to risk the image of their brand, so I would suppose you would need to already have quite a big company and capital to get to the stage where they would offer their time.