Grinch-themed holiday photos may be copyright infringement. What to know.
As the holidays approach, family photographers should keep in mind one fact − copyright laws do exist, and they can be enforced.
Last year, a photographer in Knoxville, Tennessee, took to social media to note that holiday-themed photo shoots using popular pop culture icons like The Grinch of Dr. Seuss fame could be subject to violations of copyright laws.
"Friendly reminder that shooting Grinch-themed photo sessions FOR A PROFIT (that’s the important part… if you’re not charging a fee you’re good) is federal trademark infringement," Tennessee photographer Anna Smith wrote in a since-deleted Facebook post.
The calendar year may have turned over, but copyright laws remain the same.
Cease-and-desist letters
Another Arkansas-based photographer told Paste BN in 2023 that she received a cease-and-desist letter from Seuss Enterprises after doing "Grinchmas” photo sessions in 2019 that were so popular, stories about the pictures appeared in People Magazine and other news publications.
Paste BN reviewed a copy of the notice sent via email. In it, the company's lawyer told the addressee to cease the use of any Dr. Seuss intellectual property, cancel any future scheduled photo sessions, cancel any further media appearances, remove and destroy any existing use of the intellectual property from social media and the internet and agree to never again use any Seuss-related property without permission from the company.
By complying with these demands, she was able to avoid any legal action.
Dr. Seuss Enterprises also filed a different lawsuit against a playwright and the New York theater hosting a one-woman show called "Who's Holiday" back in 2016, which was a story about Grinch character Cindy Lou Who all grown up. In 2020, it brought another such case for a Dr. Seuss/”Star Trek” crossover book titled “Oh, the Places You’ll Boldly Go!”
It is, of course, easy to file a lawsuit, and companies such as Disney are well-known for their frequent use of lawyers to prevent the unlicensed use of any of their many characters. Standard practice is to send a cease-and-desist letter to the person or entity infringing upon a copyright. As with the 2019 "Grinchmas" photoshoot, complying with that order can nullify any further legal action.
Just something for any would-be photographers to keep in mind lest they wind up on any naughty lists in 2024.
A previous version of this story published in 2023.