By Fiona Eagle

 

Have you ever created a balloon display inspired by a famous movie, cartoon, or TV character? Maybe a customer has asked for a “Disney princess” party or a superhero-themed arch?

Before you reach for those themed colours or logos, it’s important to understand how copyright and trademark law apply to what you create and how ignoring it could put your business at risk.

Why Copyright Matters to You

Copyright might sound like something that only big studios or corporations deal with, but it affects every creative business  including balloon artists and decorators.

At its core, copyright is about ownership. If you profit from using a recognisable character or trademark, you need permission. Otherwise, you could be infringing copyright or trademark law even unintentionally.

With social media full of amazing character-inspired creations, it’s easy to think, “Everyone’s doing it, so it must be okay.”
 But just because it’s common doesn’t mean it’s legal or safe.

What Copyright and Trademarks Actually Cover

• Copyright protects creative works - drawings, music, books, films, even computer programs.


• Trademarks protect words, symbols, logos, and phrases that identify a brand.


• Intellectual Property (IP) is the umbrella term for both.

As creators, we automatically own the copyright to our original designs, no registration needed. Adding your name, © symbol, and the year helps establish ownership and can protect you if you ever need to prove it.

But using someone else’s creation, like a cartoon character or a branded logo,  without permission can lead to infringement, even if your version is made of balloons.

Recognisable Characters: The “Beloved” Ones

A beloved character is any recognisable figure from film, TV, or books  and most are protected by copyright or trademarks.

In the UK, creating a 3D balloon version of a 2D character (say, a superhero or Disney princess) can infringe if it reproduces a substantial part of the original character. That means even a “balloon version” could be illegal if it’s clearly identifiable.

This can be tricky when customers request themed displays, but remember, offering licensed products (like official foil balloons and partyware) is the safe route.

Trademarks: It’s Not Just the Characters

Many characters are heavily trademarked. For example, The Elf on the Shelf™ has over 50 registered trademarks!

Big brands and rightsholders use technology, including AI, to monitor the internet for unlicensed use. That means your social media posts, hashtags, and even website images can be picked up and flagged.

Even if a mark isn’t identical, using something confusingly similar can still get you into trouble.

Be Careful What You Buy (and Use)

Using legitimate suppliers matters. Stick to recognised brands like Amscan and Grabo for licensed balloons.

When buying props or backdrops from online marketplaces like Amazon, Etsy, or Temu, check that they’re officially licensed.

If you use unlicensed or counterfeit items in your business, even unknowingly, you can be considered a secondary infringer, facing fines or product seizures.

What’s Safe to Use?

Copyright generally lasts 70 years after the creator’s death. When it expires, the work enters the public domain, and anyone can use it.

Classic tales like Cinderella, Snow White, Aladdin, and Alice in Wonderland are now public domain, but remember, modern adaptations (like Disney’s versions) are still protected.

Even Steamboat Willie Mickey Mouse from 1928 has only just entered the public domain (in the US, as of 2024). Later colour versions remain protected by copyright and trademark.

Real-World Examples

Over my career, I’ve been fortunate to work directly with brands on licensed events, from Pokémon and Super Mario to The Muppets and DC League of Super-Pets.

At official premieres, we worked under strict approval: for Disney’s Toy Story 4, we could create themed elements like sheriff badges or Bo Peep’s hook, but never the actual characters.

The lesson? You can suggest a theme without recreating it exactly. That’s where creativity really shines.

What Happens If You Infringe?

Usually, the first step is a cease-and-desist notice,but consequences can escalate quickly:

• Social media posts removed


• Online shops suspended


• Fines or legal action


• Even job loss (as one decorator discovered after using a football club’s logo without permission)

Intent matters, but “I didn’t know” is not a valid defence.

A fellow balloon artist, Paula Ardron-Gemmell, shared a case where her business received a demand for thousands of pounds for an image a web designer had pulled from a “free” site, which was later acquired by Getty Images. Even non-character images can carry risk.

Staying Creative and Legal

There are limited exceptions (like parody, review, or education), but they rarely apply to commercial use.

Instead, focus on:

• Checking if a character is in the public domain


• Using officially licensed products


• Creating theme-inspired designs (without direct copies)


• Using your own photography and images online


• Keeping your hashtags and descriptions generic

Remember, respecting copyright doesn’t limit your creativity, it enhances it.

Your clients hire you for your artistry, imagination, and originality,not for imitation.

 

After nearly 30 years in the balloon industry, I can confidently say:

The magic is in the artistry, ingenuity, and heart we bring to every creation.

 

By protecting your work, respecting others’, and finding inventive ways to suggest a theme, you not only keep your business safe but elevate the entire industry.

And when you do have official permission or a brand partnership? Go all out and make it spectacular!