Are copyright Marvel/Star Wars pins tradeable?

[Rtrane]

Hey all! I have some pins that have copyright marvel or Star Wars on the back, are these tradeable in the parks? Thanks in advance!

 

[Djm_in_buffalo]

If it was me, I wouldn’t have any concern over trading them. First, other characters have copyright and trademark protections, such as those as from Star Wars, and basically every other Disney-owned character (I think but am not positive that Mickey himself recently became part of the public domain). Generally, theses pins are traded ‘all the time’.

Second, the pin trading is advertised / promoted by the park, Disney; the copyright owner.

Third, it’s not a sale (e.g., churning out thousands of Marvel hoodies and selling them at a craft show or Etsy or something along those lines) of the copyrighted work.

Fourth, even if it did violate the copyright, which I don’t think it does, it’s so incredibly small-scale for a person to trade a handful of pins, that I don’t think they would ever try to enforce the copyright. Even if they did, what would the damages be: I gave you 2 Disney copyrighted pins in return for you giving me 2 different Disney copyrighted pins?!

Fifth, they would need to actually be able to identify the copyright breaker, (eyes on every pin transaction in the park?!!?!) and even if that transaction was flagged, I’m guessing with copyright protection in general (say, me selling those thousands of Marvel hoodies) there is a duty or at least expected custom for a good-faith warning to stop, before attempting to protect the copyright in civil litigation. If on the very off-chance told to not trade the pin, well, don’t trade the pin. I don’t see civil litigation resulting in the trading of it even if warned 100 times, for the above reasons and the cost associated with protecting the IP.

If it was me, I’d trade away.

 

[_19disnA]

Trading is different from selling. You can't setup a booth within a Disney park and start SELLING things (pins or any other items) if not authorized by Disney. Pin TRADING within the park is permitted and there are various threads on what is/isn't currently allowed. Not sure unless someone is an expert how you would know real from fake. Poor quality pins likely are fake, but some are probably well-made so it wouldn't be obvious.

If you are trying to run a business SELLING fake pins displaying copyrighted images on something like Ebay, their legal department might send you a letter advising you to stop or they will take legal action.

 

[nighttowll]

You’re not breaking any copyright or trademark laws trading a pin you previously bought. All Disney pins are going to be trademarked and/ or copyrighted whether you realize it or not.

Copyright has to do with designing / making, not trading or selling.

Trading has nothing to do with copyright law.

A copyrighted image can be used illegally and never even sold.

The only way breaking copyright law would apply is if you took a copyrighted image you found online and made your own pin. Even then, where the law is broken is in you using a copyrighted image without permission, not you trading.

Now, you would also be in violation of Disney’s pin trading policy but not because of copyright, but because you are trying to trade counterfeit pins.

Hope that helps.