Does Disney have Copyright in Artwork of The Little Mermaid?

[Elush]

I have currently done a art piece of the Little Mermaid called Ariel. She does not look like the original, I have made her my own with more life like features and realistic base.

Do I have the right to sell this? Or is it copyright from Disney?

 

[Tim W]

1. It doesn't have to be identical to infringe.
   
   
2. The fact that you call it "Ariel" and/or "The Little Mermaid" would tend to lend weight to any claim that the infringement was not inadvertent or co-incidental.
   
   
3. Exactly who could sue you depends on who thinks you are infringing their copyright.
   That could be either Disney, or the family of Edvard Eriksen (the Dane who sculpted the original).

 

[John R]

Hi Elush,
Disney generally has copyright and trade mark protection for their key intellectual property (IP) (that is, characters, movies, etc.).
LegalZoom recently provided some information on "Legal Use of the Disney Characters" but it is USA focused and the USA has significantly different fair use/fair dealing exceptions than in Australia.
That said, the Australian Copyright Council has great resources for artists in their "Find an Answer for Artists" section.

Hope this helps!