Using famous cartoon characters to print on product packaging is an extremely effective way to attract customers, especially for children’s products. However, this comes with great legal risks because it is directly related to copyright. So, does packaging containing famous cartoon characters violate copyright? Let’s find out with VCD in the following “Does packaging with famous cartoon characters violate copyright?” article!
What are famous cartoon characters?
Famous cartoon characters are creative works protected by copyright. They can appear in:
- Animated films, TV series.
- Comics or manga.
- Other entertainment products such as games, picture books, advertisements.
For example: Mickey Mouse, Doraemon, Pikachu, Minions… These are all intellectual properties registered for copyright by individuals, companies or studios that own the characters.
According to the 2022 Law on Intellectual Property of Vietnam, cartoon characters are considered to be works of applied art or literary and artistic works, and are protected by copyright.
Is packaging with famous cartoon characters a copyright infringement?
Putting famous cartoon characters on packaging is not always considered a copyright infringement. However, depending on how it is used, businesses can be completely legal or face serious legal consequences. Therefore, it is extremely important to understand the regulations and scope of permitted use before putting famous characters on product packaging.
When is it a violation?
Businesses will be considered to have violated copyright if they use images of famous cartoon characters on packaging in the following cases, even if they are unintentional or do not understand the law:
- Not asking for permission from the copyright owner.
- Not signing a license contract to use the character.
- Arbitrarily downloading images from the internet and printing them on packaging.
- Using characters for commercial purposes such as: selling, advertising, distributing products.
- Copying characters and then “slightly changing” them but still causing confusion with the original.
According to the 2022 Intellectual Property Law, the owner of a cartoon character has the following full rights:
- The right to decide who can use the image, for what purpose, for how long, and whether or not to pay a fee.
- The right to request compensation for damages if there is an infringement of copyright or related rights.
- The right to request the recall or destruction of all packaging, publications, and products that infringe, directly affecting the business activities of the enterprise.
This means that if you print Doraemon, Minions, Hello Kitty, Marvel, Disney or any other famous character on the packaging without a licensing agreement, you are definitely infringing copyright, which can result in fines, forced destruction of goods or compensation for damages.
When is it not an infringement?
You are not infringing copyright when using a famous cartoon character printed on the packaging if it falls into one of the following cases:
- Having a licensing agreement from the character owner.
- Using images licensed commercially from legal copyright libraries.
- Creating a completely new character of the business.
- Using the character for non-commercial purposes (education, news, etc.) within the scope of fair use but still not applicable to sales packaging.
Product packaging directly affects the business’s commerce. Therefore, 99% of cases of using famous cartoon characters on packaging without permission are copyright infringement, which can easily lead to complaints, fines or forced product recalls.
How to use famous characters on packaging legally
To avoid infringement and still take advantage of the appeal of cartoon characters, businesses can apply the following legal options:
- Apply for copyright license: This is the safest and most legal way. Contact the character owner directly to negotiate a license to use. Sign a license contract, clearly stating the scope of use, time, location and copyright fee.
- Create your own character (most recommended): Instead of using famous characters, businesses can design their own exclusive mascot, then register the copyright for that character and can use it freely on packaging, advertising, and fanpage.
- Buy images from commercial copyright sources: If you want cartoon-style images that are not associated with famous characters, you can use images from: Freepik Premium, Shutterstock, Adobe Stock, Envato Elements… These sources provide copyrighted illustrations, with commercial use rights, suitable for packaging printing as long as they do not use famous characters.
- Absolutely do not use: Photos downloaded from Google; photos taken from fanpages, cartoons, comics; self-edited photos from famous characters; AI-created photos based on famous characters (still in violation if they cause confusion with the original).
The above analysis helps you understand whether packaging with famous cartoon characters violates copyright or not. We hope you will consider carefully before applying to ensure the brand operates safely, avoiding any unwanted legal risks.
Sincerely,
FAQ
Yes. Even if the image is downloaded for free from the internet, social networks or sharing sites, if the image is copyrighted by a famous character, the business is still in violation when using it for commercial purposes. The consequences may include administrative fines, forced destruction of infringing product packaging and compensation for damages to the copyright owner.
Because most famous cartoon characters are protected by copyright. Packaging is a document for commercial purposes, so using the character’s image without the owner’s permission will violate property rights under the Intellectual Property Law 2022. Only when there is an official licensing contract, will the business have the right to use it.