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  1. #301

    • Tom Bricker
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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    ^Agreed. Beyond that, the idea that this opens the door for copycats is ludicrous. The stars would have to align for someone to pull off filming like this again, and, beyond that, there would have to be a "payoff" for them.

    Moore's payoff is the career publicity he's getting for doing this, as he knows most distributors aren't going to touch the film. Filmmaker #2 isn't going to get that same publicity since it's now "old news." They also aren't going to get the film picked up because of the uncertainty for litigation.

    Disney's best move is making a quiet deal that gives this film a silent death. Taking this to court opens the door for legal precedent unfavorable to Disney that could negatively affect Disney in other ways.

    Despite that, I still suspect Disney will litigate this on the IP front.

  2. #302

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Of course Disney has every right to sue if they want to, there is no doubt about that. What i'm trying to say is: even if they are in their own rights to sue, etc... is it the best thing they have to do, or is it better for them to don't do anything? That's the question i'm asking, i'm not specially on a side or another one and if you really want me to choose one side, probably i would be on the side of Disney. And if i was Disney CEO ( which i'm not ) i will ask to see the film first, and then take a decision, but so far i will probably choose to do nothing, to don't sue. Because i think it's a trap. Not legally speaking, of course, but on another, less material, plan. But it's not a trap created by the movie authors, it's a trap created by the corporate logic which, in this kind of situation, is generally pushing to take decisions in a reactionary way. And i think that's where you need, precisely, to be "more intelligent than corporate" i.e to don't act in a reactionary way, but to THINK first before reacting. If the movie is done with an obvious destructive intention against Disney then the answer might be different. But if it's not the case and if Disney World is used only to serve a story - and even if in the background this story criticize the corporate system - but in a talented way, then Disney will win more to do nothing. Why? Because when you are a corporation as big as Disney not only you will attract critics but in fact critics are "part of the pack". The mistake consist to divide the corporation and the critics it can inspire. Occidental logic always divide reality but it's wrong, corporation AND critics of it are ONE same thing. That's why it would be a mistake, in this case, to sue the movie authors. If they do it it'll be, on a certain point of view, just like if they were shooting at themselves. If what i'm trying to explain is not totally understandable, let me know, and i'll find a better way to explain it.
    Last edited by loaloa55; 02-01-2013 at 11:40 AM.

  3. #303

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by Erik Olson View Post
    Had anyone heard of Tarantino before Reservoir Dogs? Or Morgan Spurlock before Supersize Me?
    It's funny that you mentioned Supersize Me. Did this guy get permission to film at McDonald's and its employees and guests?

  4. #304

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by StevenW View Post
    It's funny that you mentioned Supersize Me. Did this guy get permission to film at McDonald's and its employees and guests?
    Spurlock's self-indulgent documentary was just that. He was squarely within fair use as a documentarian. Now, McDonalds may have considered cause for libel and tarnishment. I believe that they instead chose to make "proactive" policy changes (e.g., fight the substance of the filmmaker's claims; undertake more transparency in their labeling), which was a more winnable and, in my mind, better PR move.

    Escape is clearly not a documentary.
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  5. #305

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Those who desperately would like to see the movie might be interested to know that the CD movie soundtrack has been released and is apparently available to download only online. It's always interesting to hear the soundtrack of a movie as he tells more about the mood of it, and i have to say that, just it is said in the production notes, i was surprised by the romantic mood of Abel Korzeniowski score. If you on the link below you'll be able to listen 30 sec of each track:

    Abel Korzeniowski | Escape From Tomorrow (Original Motion Picture Score) | CD Baby Music Store

    Also, here below are the album notes as well as a picture of the (provocative?) CD cover!



    Album Notes:

    A deeply impressionistic yet sweepingly romantic musical snapshot of the pulse and passion of the Magic Kingdom, this collection of unapologetically old-fashioned cues from Polish composer Abel Korzeniowski – best known for his Golden Globe nominated original scores for A Single Man (2009) and W.E. (2011) – harks back to the style of such Golden Era Hollywood composers as Hugo Friedhofer and Fred Steiner, as well as later keepers of the flame like Jerry Goldsmith and John Williams. Wringing buckets of melodramatic inflection from his energetic orchestrations in tracks like “Gates of Tomorrow” and “Magic Kingdom,” Korzeniowski plunges the audiences into a swirling vortex of irony, setting them up for the psychological disconnect to ensue – brilliantly captured in the unexpectedly dissonant and minimalistic electronic tracks “Lost in Caves” and “Mystery Man”.

    Randy Moore's ESCAPE FROM TOMORROW is a postmodern fairy tale about an overactive imagination and the dark-side of "family" entertainment. In a world of fake castles and anthropomorphic rodents, an epic battle begins when an unemployed father's sanity is challenged by a chance encounter with two underage girls on holiday.

    score orchestrated and produced by: Abel Korzeniowski
    composer's assistant: Mina Korzeniowska

    score recorded at:

    Warner Bros. Eastwood Scoring Stage in Burbank, California
    orchestra: The Hollywood Studio Symphony
    conductor: Abel Korzeniowski
    recording engineer: Joel Iwataki
    contractor: Peter Rotter

    Martinsound Recording Studios in Alhambra, CA.
    choir: National Children’s Chorus
    conductor: Luke McEndarfer
    recording engineer: Joel Iwataki

  6. #306

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by Erik Olson View Post
    Spurlock's self-indulgent documentary was just that. He was squarely within fair use as a documentarian. Now, McDonalds may have considered cause for libel and tarnishment. I believe that they instead chose to make "proactive" policy changes (e.g., fight the substance of the filmmaker's claims; undertake more transparency in their labeling), which was a more winnable and, in my mind, better PR move.

    Escape is clearly not a documentary.
    But it can be a parody, which can fall under fair use.

  7. #307

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by loaloa55 View Post
    Those who desperately would like to see the movie might be interested to know that the CD movie soundtrack has been released and is apparently available to download only online. It's always interesting to hear the soundtrack of a movie as he tells more about the mood of it, and i have to say that, just it is said in the production notes, i was surprised by the romantic mood of Abel Korzeniowski score. If you on the link below you'll be able to listen 30 sec of each track:

    Abel Korzeniowski | Escape From Tomorrow (Original Motion Picture Score) | CD Baby Music Store

    Also, here below are the album notes as well as a picture of the (provocative?) CD cover!



    Album Notes:

    A deeply impressionistic yet sweepingly romantic musical snapshot of the pulse and passion of the Magic Kingdom, this collection of unapologetically old-fashioned cues from Polish composer Abel Korzeniowski – best known for his Golden Globe nominated original scores for A Single Man (2009) and W.E. (2011) – harks back to the style of such Golden Era Hollywood composers as Hugo Friedhofer and Fred Steiner, as well as later keepers of the flame like Jerry Goldsmith and John Williams. Wringing buckets of melodramatic inflection from his energetic orchestrations in tracks like “Gates of Tomorrow” and “Magic Kingdom,” Korzeniowski plunges the audiences into a swirling vortex of irony, setting them up for the psychological disconnect to ensue – brilliantly captured in the unexpectedly dissonant and minimalistic electronic tracks “Lost in Caves” and “Mystery Man”.

    Randy Moore's ESCAPE FROM TOMORROW is a postmodern fairy tale about an overactive imagination and the dark-side of "family" entertainment. In a world of fake castles and anthropomorphic rodents, an epic battle begins when an unemployed father's sanity is challenged by a chance encounter with two underage girls on holiday.

    score orchestrated and produced by: Abel Korzeniowski
    composer's assistant: Mina Korzeniowska

    score recorded at:

    Warner Bros. Eastwood Scoring Stage in Burbank, California
    orchestra: The Hollywood Studio Symphony
    conductor: Abel Korzeniowski
    recording engineer: Joel Iwataki
    contractor: Peter Rotter

    Martinsound Recording Studios in Alhambra, CA.
    choir: National Children’s Chorus
    conductor: Luke McEndarfer
    recording engineer: Joel Iwataki
    Wouldn't this be considered "financial gain" if the filmmakers are now selling the soundtrack?
    Also, the use of the Warner Brothers scoring stage and a full blown symphony does not sound to me like this was some piddly production.
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  8. #308

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by WDWFigment View Post
    ^Agreed. Beyond that, the idea that this opens the door for copycats is ludicrous. The stars would have to align for someone to pull off filming like this again, and, beyond that, there would have to be a "payoff" for them.

    Moore's payoff is the career publicity he's getting for doing this, as he knows most distributors aren't going to touch the film. Filmmaker #2 isn't going to get that same publicity since it's now "old news." They also aren't going to get the film picked up because of the uncertainty for litigation.

    Disney's best move is making a quiet deal that gives this film a silent death. Taking this to court opens the door for legal precedent unfavorable to Disney that could negatively affect Disney in other ways.

    Despite that, I still suspect Disney will litigate this on the IP front.
    I don't know, but it seems to me that with all the technology available to the average person, it doesn't take too much for someone with the initiative (there are a lot of them out there) to concoct a plan to do some guerrilla video project in the parks. It doesn't have to be as sophisticated as the Moore project, but I could see some enterprising next-gen guests getting their friends together to do some simple video escapades, even if it was just with their smart phone cameras.

    As for a payoff, personal satisfaction can be a big driver. If you travel around Southern California much, you can see thousands of examples of what some people have a passion about, is illegal and some of which is quite creative and artistic - whether we like graffiti or not.

    Moore may have had an agenda for his film to enhance his career, but there are a lot of people who would take up a similar challenge just for the fun of it without expecting any monetary benefit from the results.

  9. #309

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by Disneymike View Post
    Wouldn't this be considered "financial gain" if the filmmakers are now selling the soundtrack?
    Also, the use of the Warner Brothers scoring stage and a full blown symphony does not sound to me like this was some piddly production.
    Not necessarily if Abel Korzeniowski - the composer - is the one who owns the rights on his own score, and not the film production company. You may note that in the album notes is written "score orchestrated and produced by: Abel Korzeniowski".

  10. #310

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    The score is quite lovely and underscores [sic!] my point that this is no amateur production barely executed by a child with a camera from Costco.

    I wonder if the composer knows his music was used for the film or if it was stolen in the dead of night?

    I've asked one of my partners, who was Senior Motion Picture Counsel at one of the big studios, to read about Escape and give me some feedback on what Disney would be thinking in their legal department.

    e
    Last edited by Erik Olson; 02-01-2013 at 01:21 PM.
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  11. #311

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by Erik Olson View Post
    The score is quite lovely and underscores [sic!] my point that this is no amateur production barely executed by a child with a camera from Costco.

    I wonder if the composer knows his music was used for the film or if it was stolen in the dead of night?

    I've asked one of my partners, who was Senior Motion Picture Counsel at one of the big studios, to read about Escape and give me some feedback on what Disney would be thinking in their legal department.

    e
    It was not stolen, as you will see in the video below where you have shots of the recording session. I think i've read somewhere that the movie cost $1M which is not a lot but enough to pay for a composer and a symphony orchestra.

    Considering the movie storyline i.e "what happen when a family goes in vacation at a theme park and that the father suddenly learn that he's been fired from his job and get depressed?" my guess is that they thought that the best place for this particular story would be a Disney Magic kingdom, and knowing that Disney will never accept to have them filming in the parks, they had no other choice than to transgress and film there anyway.

    I've not seen the movie so i won't say if it's good or not. Some reviews like it a lot, others didn't, so it's difficult to be sure. But i bet you that if someday the film is released one way or another and if it's a real good one that most of us will think that the transgression was worth the result. But i agree that the fact that it's a good movie remains to be proven.


  12. #312

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by Erik Olson View Post
    I've asked one of my partners, who was Senior Motion Picture Counsel at one of the big studios, to read about Escape and give me some feedback on what Disney would be thinking in their legal department.
    About that particular question - legal issue - you might be interested , and eventually find some answers, in the L.A Times article in which they have some thoughts of a legal expert who saw the movie:

    Sundance: Expert says Disney 'Escape' case would be 'pretty weak' - latimes.com

  13. #313

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by loaloa55 View Post
    About that particular question - legal issue - you might be interested , and eventually find some answers, in the L.A Times article in which they have some thoughts of a legal expert who saw the movie:

    Sundance: Expert says Disney 'Escape' case would be 'pretty weak' - latimes.com
    Slightly more complicated then that.. the expert quoted in that piece posted his own piece right after the movie news broke. While Tim Wu is very qualified as an expert in the subject matter, he is also extremely biased towards the liberal interpretation of fair use in many different aspects. It's like asking Rush Limbaugh if something should not be funded by the government

    He's not really an objective expert on the matter.
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  14. #314

    • Tom Bricker
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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Quote Originally Posted by flynnibus View Post
    Slightly more complicated then that.. the expert quoted in that piece posted his own piece right after the movie news broke. While Tim Wu is very qualified as an expert in the subject matter, he is also extremely biased towards the liberal interpretation of fair use in many different aspects. It's like asking Rush Limbaugh if something should not be funded by the government

    He's not really an objective expert on the matter.
    It's slightly more complicated than that, too. If this were an amicus brief penned by Wu, I'd agree with you. However, Wu presented an analysis for the LA Times.

    In the former circumstance, Wu would present a persuasive argument to shape the law. In the latter, Wu is analyzing the law as it stands and drawing a reasonable conclusion based upon a survey of on-point precedential law.

    People often say things like, "ask 10 lawyers for their opinion on [insert question of law] and you'll get 10 different answers." That's true of persuasive arguments or position papers. In my experience, most case analyses (usually in the form of internal memos drafted to advise clients of probable outcomes or used by firms to determine whether it's pragmatic to represent a prospective client) are reasonably consistent among attorneys.

    Now, since it's the LA Times and not an internal memo, there's the possibility that Wu is skewing his analysis a tad for whatever reason--but it wouldn't be comparable to the Limbaugh analogy. Wu is a respected legal scholar who wouldn't risk his reputation by conflating a persuasive argument for actual analysis.

    As mentioned, Wu is a respected expert in this area of law; I am not. He has practiced extensively in this area of law; I have not. That said, having studied some case law, I do not think Disney's case is as weak as he does, but I do think that there's a high likelihood that Disney would not prevail.

    Recent cases and high profile scholars/judges (like Posner) have demonstrated that things are not trending in Disney's favor, either. That's why I previously said I'd be reluctant to actually see this through trial if I were TWDC.

  15. #315

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    Re: "Escape from Tomorrow" movie filmed in Disneyland secretly

    Just a note to let everyone know that the score is also available individually on iTunes.
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