Illustration 264017052 © Igor Georgiev | Dreamstime.com
While Santa Claus continues to be the face of modern Christmas traditions, a grumpy green intruder threatens to steal his spotlight on holiday cards. But word of advice: let him remain in Who-ville.
Much to the dismay of creatives who’ve embraced the Grinch as a quirky alternative to the jolly man in red, there may be a price to pay for incorporating him into photoshoots and artwork. Dr Seuss Enterprises—the rights holder to the beloved green character famed for his Christmas-stealing antics—has been known to be less than thrilled when his likeness is used for profit without permission, and actively sends out cease-and-desist letters to perceived violators.
One high-profile case emerged in 2019 when an Arkansas photographer’s viral shoot, featuring a costumed Grinch replacing mall Santas alongside children, caught the company’s attention.
This legal scuffle has cast a shadow over what many artists and photographers may consider harmless holiday fun. Although, having been on the side of the infringed themselves, some should be able to sympathize with Dr Seuss Enterprises’ stance.
Ever since the copyright letter made its rounds, photography blogs and the creative community alike have made a yearly affair out of warning others against potentially appropriating this pop-culture icon. Trademark attorney John Rizvi, also known as The Patent Professor, ponders in a new blog post: “Has Dr Seuss lost the plot and become the very character he lampooned, or are photographers and crafters really the ones who are trying to steal Christmas here?”
Creators are urged to approach Grinch-inspired projects and crafts with caution. Using the character or even the term “The Grinch” in marketing or sales could invite unwanted legal attention.
The Grinch’s copyright won’t expire until 2062, so if you’re thinking of including him in your commercial projects, make sure the usage is green-lighted first.
[via USA Today, Fstoppers, Fox News, PetaPixel, cover illustration 264017052 © Igor Georgiev | Dreamstime.com]
by rrollins
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