Does anyone know if Disney fairytale names are copyrighted or trademarked? For example, can I call myself Cinderella and show up in a blue disney-ish gown at a childs birthday party without fear of being sued? What about Belle - it's the french word for beautiful? I wouldn't assume to use Ariel or Aurora, but what about The Little Mermaid or Sleeping Beauty? I would assume that Cindrella, Snow White, Sleeping Beauty and The Little Mermaid would be fair game because they are public domain fairytale names. Any assistance or a push in the right direction would be greatly appreciated.

I think it all depends on what you'll be doing at the parties. If you're just showing up as a guest in costume as a Disney character, there should be no problem with that. If you're showing up dressed as a Disney character and charging for the appearance, though, that would be a problem.

Before I go into specifics, a) I am not a lawyer and do not play one on TV, and b) there is a difference between copyright and trademarks. A body of work can be copyrighted, but a name or a title cannot. However, those things could be trademarked.

That said, if you were to show up to a girl's birthday party dressed up to resemble the character named Belle from the movie, AND you called yourself Belle, I'm almost certain you would in violation of Disney's trademark of Belle's character.

I remember once reading a consumer advice column; a reader whose last name was Disney had his own travel agency called Disney Travel. He was told by Disney in no uncertain terms that he could not use the name, even though his last name was Disney, because it could appear to the public that he was officially affiliated with the Walt Disney Company, especially since they also provide travel services. The columnist basically told the fellow to suck it up because there wasn't anything he could do.

So... if you try to run a birthday party service where the characters you portray can appear to the public to be Disney characters, then yes, I'd say more than likely you would not be allowed to do so. The other thing is that if you get a booking because a mother thinks you are showing up as Belle from Beauty and the Beast, then you truly ARE profitting from Disney, so that's a definite no-no.

Keep in mind that characters such as Snow White precede the adaptation by Disney. If you can find illustrated children's books of the characters that do not look anything like the Disney characters, you might have a case for yourself... although one idea would be to find all of the various fairy tales (there are many Disney has yet to use), and create your own character that way.

Yeah, I get your points, but here's my problem. Disney has so flooded the market with thier images of the Princesses in their specific costumes, I won't make a cent if I don't in some way piggy back on what Disney is doing. I doubt that I will be taking away any profit from Disney, but I would be profitting on what they have already entered into the market. I guess I will just have to be creative.

My costumes follow the same basic lines and similar colors as the Disney ones, but I have changed a neckline or sleeve or waistline here and there and added embellishments, so I think I'll be safe. I was just worried about using the names.

Thanks for all your thoughts and I would still appreciate more.

Well I have to agree with Lani, 'if' you are 'caught' trying to piggy back profit off of Disney you might find yourself faced with a letter from their legal staff. I know that they have no problems going after anyone they perceive to be riding on their coat tails .

If you've changed the costume why use the names at all.. why not just present yourself as a princess and avoid specific names? I'm not sure that would be enough to distance you from copyright infringement but it's further than just changing a sleeve or jewel.

Thanks! Heavens knows I don't want to mess with the Disney legal force!

Many of these characters are public domain fairy tales in name, but not in image. However, just a few alterations to the costumes seem to be a fair protection. If you look at the Halloween outfits sold commercially that are claerly inspired by Disney, but don't use their specific color and pattern guidelines and don't use their specific unique Disney-names, companies tend to get away with alot of stuff (miniskirted Snow Whites, "mistress of evil", "mean queen" etc).

Snow White, Cinderella, Sleeping Beauty, Alice, Beauty, Little Mermaid are public domain names and concepts... the name Aurora was used in Tchaikovsky's ballet first, and the French name for Beauty is Belle - as used in the original story and Cocteau's 1947 film La Belle et le Bete, so even those could be legally challenged as belonging to public domain... Ariel, however, is a unique Disney name for a mermaid.

Why not invent your own variation on Cinderella's dress and hair color - - just different enough - - (don't forget her dress is really silver in the movie - except when reflecting blue backgrounds - - only the merchandise is always light blue). The lawyers have probably never seen the movie or have any knowledge of silver gowns or that Cinderella is a strawberry/dishwater blonde in the film, not platinum. They may be in violation of their own copyrights...!

By all means don't shy away from using the public domain fairy tale characters in your art or business. They don't belong exclusively to Disney, except in their specific interpretation/appearance. Big corporations do not own prior works of literature in perpetuity, as much as they would like to. Just use some imagination and invent your own "look" and "behavior" for those characters. Be original, creative and interpretive and no one can harm you.

Thanks! That's actually what I've done. Although my costumes are inspired by Disney, just because of thier popularity, I have made them very high quality and quite more embellished, colors and styles altered, than the cartoon versions of the costumes. I was inspired by seeing some pictures of costumes and performers available for parties who look horrible in cheaply made costumes that don't fit. I was just nervous about using the names. Again, thanks. Ya'all are a nice bunch of people.