copyright trademark
Can I create a mosaic for a client in the shape of the Disneyland Castle?
<p>My client would like me to create a mosaic in the shape of the Disneyland Castle. This would involve me creating an outline of the castle on my iPad (just a black line in the shape of the castle) and then filling the shape of it with the client's images. </p>

<p>The image at a glance would resemble the castle, but close up would just be a lot of photographs taken by the client, at Disneyland. </p>

<p>The final image wouldn't be sold en mass, and the fee would be for my photoshop work in arranging the image in the desired shape. </p>

<p>Would this infringe Disney's intellectual property?</p>

<h2>It's Problematic</h2>

<p>The castle is both copyright and trade mark of Disney.</p>

<p>As a trade mark, you are not permitted to use it in a way that indicates that yours is a Disney product or affiliated with Disney -  you are probably OK here.</p>

<p>As a copyright, Disney has the exclusive right to make <a href="https://en.wikipedia.org/wiki/Derivative_work" rel="nofollow noreferrer">derivative works</a> which is what your mosaic is.</p>

<p>So, you either need Disney's permission or the work needs to fall under the <a href="https://en.wikipedia.org/wiki/Fair_use" rel="nofollow noreferrer">fair use</a> exemption. As a single domestic work which substantially changes the original it <em>probably</em> does but the only way to know for sure is get sued and win. If you go ahead I would ask your client to indemnify you, however, this is only effective to the extent that your client has the financial resources to defend the lawsuit or pay the damages.</p>

<p>However, there is an alternative. The <a href="https://en.wikipedia.org/wiki/Cinderella_Castle" rel="nofollow noreferrer">Cinderella Castle</a> was inspired by real architecture, all of which is public domain. If you copy one of these castles (e.g. <a href="https://en.wikipedia.org/wiki/Neuschwanstein_Castle" rel="nofollow noreferrer">Neuschwanstein Castle</a>) you have no issues with Disney and only a true fanatic would notice the difference.</p>
