Ethermac|Grinch-themed photo shoots could land you in legal trouble, photographers say: What we know

Photographers,Ethermac be warned this holiday season: If you're looking to stray from the traditional Santa pictures and dabble in something a little more Grinchy, you could end up with a letter from someone besides St. Nick.

As Christmas approaches each year, the photography community online is abuzz with unique, fun photoshoot ideas, but also with cautionary messages. A recurring theme? Avoid the Grinch unless you want to end up with a festive cease and desist letter.

Dr. Seuss Enterprises, the company that owns all of the properties belonging to the late Theodor Seuss Geisel, is reportedly known for fiercely protecting its intellectual property. Warnings on the topic appear regularly on social media sites, such as one posted last week by a Knoxville, Tennessee photographer who explained why she avoids doing Grinch-themed shoots, even though she is asked about them yearly.

Here's everything we know about the photos and if they are really getting photographers in trouble.

Warning about Grinch photos circulates online

Tennessee photographer Anna Smith shared a warning about Grinch shoots to photographers last week on Facebook, a post that is similar to others floating around on the platform.

"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," she said, alleging that the company has a team dedicated to scouring the internet for these infringements.

"Several years ago, a photographer offered Grinch mini sessions and her post went viral. Like, super viral. She was slapped with a lawsuit almost immediately annnnddd…. she lost. Copyright infringement is not a joke," the post continues.

It is unclear what court case or lawsuit is being referenced in this post, as a preliminary records search did not turn up any such suit. USA TODAY was also unable to verify the claim of a $120,000 payout or charge for a license.

The poster and Dr. Seuss Enterprises did not respond to USA TODAY requests for comment.

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Photographer says she received cease and desist from Seuss Enterprises, complied with demands

However, one Arkansas photographer told USA TODAY she received a cease and desist letter after doing "Grinchmas” photo sessions in 2019 that were so popular, stories about the pictures appeared in People Magazine and other news publications.

The viral posts featuring highlights from the shoots and all related materials have since been deleted from the photographer's page. In an email to USA TODAY, Kim Durham of KD Photography confirmed that she did receive a letter from the Seuss Enterprises legal team demanding she stop using the character in shoots.

USA TODAY 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.

Grinchy behavior from Seuss Enterprises? Not really.

While it may seem a grinchy move, it is not uncommon for companies like Seuss Enterprises to protect their intellectual property in this manner. Disney, for example, is well-known for their frequent use of lawyers to prevent the unlicensed use of any of their many characters.

This is not only standard practice but well within the company's rights, according to photographer and lawyer Rachel Brenke, who runs a blog about the two topics called The Law To Go.

According to a post written by Benke on the subject, a professional photographer using terms like "The Grinch" or Grinch costumes in marketing for business and/or selling is not covered by fair use standards.

"Basically, you cannot use any copyrighted or trademarked material in your marketing and/or for selling in photographs to clients," she wrote.

While it appears no legal action beyond the cease and desist letters have been taken against photographers using the Grinch character, Dr. Seuss Enterprises did file 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!”

Either way, the lesson seems clear: be careful about using the Grinch for profit or you could end up on the naughty list this year.