Page 1 of 2 12 LastLast
Results 1 to 15 of 17
  1. #1

    • I'm listening.
    • Offline

    Join Date
    Dec 2006
    Location
    Los Angeles
    Posts
    131

    Escape From Tomorrow to be Released

    Guerrilla Disney film 'Escape From Tomorrow' headed to theaters - latimes.com

    EXCLUSIVE: "Escape From Tomorrow," the unauthorized independent film shot guerrilla-style at Disney theme parks, is headed to movie theaters and TV sets, resolving a long-running question about the commercial status of one of the year's most provocative movies.


    More at the link above.
    Last edited by MickeyMaxx; 08-19-2013 at 02:20 PM. Reason: Post disregarded our policy on copyrighted materials.

  2. #2

    • Former Churro Jockey
    • Offline

    Join Date
    Feb 2008
    Location
    Westminster, CA
    Posts
    1,302

    Re: Escape From Tomorrow to be Released

    I'm definitely not a lawyer, but I've been to enough preventative law classes for my work to know that if the movie shows Disneyland without Disney's permission, then Disney would have a right to sue for a portion of the profits. I guess the maybe if it's a small, indie film, maybe they figure they aren't going to make any money and so there won't be a percentage for Disney to collect.
    Disneyland Cast Member
    Outdoor Vending
    1996 - 1999

    My interview with MiceAge about working at Disneyland:
    http://micechat.com/blogs/mouth-of-t...ding-crew.html

  3. #3

    • Singing Drinker
    • Offline

    Join Date
    Jun 2005
    Location
    SoCal
    Posts
    2,022

    Re: Escape From Tomorrow to be Released

    Quote Originally Posted by Big D View Post
    I'm definitely not a lawyer, but I've been to enough preventative law classes for my work to know that if the movie shows Disneyland without Disney's permission, then Disney would have a right to sue for a portion of the profits. I guess the maybe if it's a small, indie film, maybe they figure they aren't going to make any money and so there won't be a percentage for Disney to collect.
    The trouble with that is Disney *needs* to defend copyright. If you don't (or only selectively) defend your copyright, you lose it.

    Admittedly, they take a very lawerly tack when dealing with issues rather than treating them as case-by-case. I'm guessing they're watching this one and will either end up Cease-and-Desisting it out of existence, or will reach some sort of legal accommodation where the filmmaker gets to use the imagery/locations and future defense lawyers don't get to use this as evidence of giving up defense of copyright.
    Credibility is to be sought for. Credulity is not. Sadly the latter is our normal human state.

  4. #4

    • Member
    • Offline

    Join Date
    Feb 2011
    Posts
    167

    Re: Escape From Tomorrow to be Released

    Quote Originally Posted by Big D View Post
    I'm definitely not a lawyer, but I've been to enough preventative law classes for my work to know that if the movie shows Disneyland without Disney's permission, then Disney would have a right to sue for a portion of the profits. I guess the maybe if it's a small, indie film, maybe they figure they aren't going to make any money and so there won't be a percentage for Disney to collect.
    Well, not quite that simple. There is that little something called Fair Use. Whether this pertains to this film or not of course is arguable, but at least one "expert" whose opinion was linked, a law professor at Columbia, feels strongly that it does. Anyway, from the article:

    "Disney has yet to respond publicly to the movie. The film has secured so-called E&O insurance, which protects distributors against liabilities, and legal experts have moreover said that Disney would have a weak case if it tried to stop it or collect damages--though the company could still decide to try to bog the release down in lawsuits, a move that no doubt would also fuel publicity for the film."

  5. #5

    • Member
    • Offline

    Join Date
    May 2012
    Posts
    903

    Re: Escape From Tomorrow to be Released

    It's been recut and shortened, though whether that's to lighten the Disney content is unknown (it says many thought it was too long anyway). From what I remember, none of the ride audio was used, FWIW. I read a complete synopsis back when and it doesn't seem like anything anybody here will identify with. It's a curio, to be sure, but a film described as "surreal" would seem to have limited mainstream appeal. When was the last time the general public accepted a surreal film? 2001: A Space Odyssey?

    Oh, and "Streisand Effect," so Disney would be wise to just shrug or laugh it off. Those SNL sketches with creepy ride AAs don't seem to bother them, not to mention that recent "Real Princesses of Disney" sketch. That was quite brutal (especially to Cinderella) and used almost identical princess costumes.
    Last edited by bigcatrik; 08-19-2013 at 03:17 PM.

  6. #6

    • Evil is Sexy
    • Offline

    Join Date
    Oct 2012
    Location
    Chula Vista, California, United States
    Posts
    976

    Re: Escape From Tomorrow to be Released

    Quote Originally Posted by bigcatrik View Post
    Oh, and "Streisand Effect," so Disney would be wise to just shrug or laugh it off. Those SNL sketches with creepy ride AAs don't seem to bother them, not to mention that recent "Real Princesses of Disney" sketch. That was quite brutal (especially to Cinderella) and used almost identical princess costumes.
    *spills her drink* Whatever.
    Peter Pan: "You know, your hair is on fire."
    Me: "Yes. It happened after a recent trip to Neverland."
    Peter Pan: "Well, you can dunk your head in the pond behind us, if you want."

    Lost Child of
    Neverland since 1996.
    ~Favorite Hero: Peter Pan. Favorite Villian:Malificent.Favorite Ride: The Haunted Mansion.~

  7. #7

    • a wind to shake the stars
    • Offline

    Join Date
    Aug 2006
    Posts
    935

    Re: Escape From Tomorrow to be Released

    Quote Originally Posted by bigcatrik View Post
    Oh, and "Streisand Effect," so Disney would be wise to just shrug or laugh it off. Those SNL sketches with creepy ride AAs don't seem to bother them, not to mention that recent "Real Princesses of Disney" sketch. That was quite brutal (especially to Cinderella) and used almost identical princess costumes.
    Yeah, Disney hasn't commented so far and it seems like they might not. This film is going to get an incredibly limited release and will be seen by a relative handful of people. On the other hand, if they comment on it or attempt to squash it through legal means then far more people will hear about it. I'm sure they've weighed their options and it seems like they'll probably just let it come and go without challenge.

  8. #8

    • Member
    • Offline

    Join Date
    Jan 2013
    Location
    Phoenix, AZ
    Posts
    93

    Re: Escape From Tomorrow to be Released

    I'm an intellectual property attorney (though not your intellectual property attorney, and it would be extremely foolish to legally rely on information provided on any anonymous forum), so I just wanted to clear up a couple of misconceptions regarding copyright law...

    Quote Originally Posted by Big D View Post
    I'm definitely not a lawyer, but I've been to enough preventative law classes for my work to know that if the movie shows Disneyland without Disney's permission, then Disney would have a right to sue for a portion of the profits. I guess the maybe if it's a small, indie film, maybe they figure they aren't going to make any money and so there won't be a percentage for Disney to collect.
    You can use images of Disneyland commercially without permission. Problems arise when you: a) have taken those images while on Disney property or b) try to use their imagery to promote your product, rather than commenting on the images themselves. Now, it's hard to get good images without falling under a), so most images would qualify anyway, but the law's not totally clear on how use of images taken while lawfully on property but without explicit permission would work. Disney certainly thinks they have the right to control such imagery, but like much of copyright law, how it actually would play out in court is difficult to say. It's also important to note that you can't protect publically-viewable architecture from having images taken of it. Also, the way copyright works is that it's the duplication itself that violates the law, not the use of those copies. Whether they're used commercially or not is only relevant to what's called a "fair use" analysis, which is a defense to admitted copying, not an explicit exception to the law itself. Finally, copyright does apply to images of Disney characters and symbols, which are likely to be included in images from the park. This is where fair use definitely comes in.

    Quote Originally Posted by BogLurch View Post
    The trouble with that is Disney *needs* to defend copyright. If you don't (or only selectively) defend your copyright, you lose it.

    Admittedly, they take a very lawerly tack when dealing with issues rather than treating them as case-by-case. I'm guessing they're watching this one and will either end up Cease-and-Desisting it out of existence, or will reach some sort of legal accommodation where the filmmaker gets to use the imagery/locations and future defense lawyers don't get to use this as evidence of giving up defense of copyright.
    Actually, no, you don't have to defend your copyright. The requirement of defense only applies to trademarks, which is a different ball game. Unlike copyright, trademark explicitly does not have to do with copying, but with the use of the imagery. It's certainly relevant here, but in a situation where the danger of an audience being confused into thinking this is a Disney product is fairly minimal and it's not obvious libel, it's hard to establish a case - so hard that I don't think this could be reasonably used as evidence of trademark abandonment.

    None of this should be taken to mean that Disney couldn't sue them anyway, which would be devastating to a small film operation, but the article's not wrong when they say that Disney's case would be questionable.

  9. #9

    • New Member
    • Offline

    Join Date
    Jun 2013
    Posts
    15

    Re: Escape From Tomorrow to be Released

    Quote Originally Posted by bigcatrik View Post
    Those SNL sketches with creepy ride AAs don't seem to bother them, not to mention that recent "Real Princesses of Disney" sketch. That was quite brutal (especially to Cinderella) and used almost identical princess costumes.
    Parody is among the most iron-clad Fair Use defenses.

  10. #10

    •   
    • Minion
    • Offline

    Join Date
    Oct 2011
    Posts
    2,871

    Re: Escape From Tomorrow to be Released

    IMHO the problem they're going to have is with the people who were filmed without their consent. You can film in a public place (and any production that does that WILL put up signs to inform people their images will be used) but Disney is technically private property - and if someone finds out that their image is being used in the film for profit without their consent, they might very well have a case.
    Merida looks like this. Not a Barbie doll!

  11. #11

    • Beach Expert
    • Offline

    Join Date
    Sep 2006
    Location
    A beach town that Harbor Blvd was named after
    Posts
    10,591

    Re: Escape From Tomorrow to be Released

    Quote Originally Posted by CDW View Post
    I'm an intellectual property attorney (though not your intellectual property attorney, and it would be extremely foolish to legally rely on information provided on any anonymous forum), so I just wanted to clear up a couple of misconceptions regarding copyright law...



    You can use images of Disneyland commercially without permission. Problems arise when you: a) have taken those images while on Disney property or b) try to use their imagery to promote your product, rather than commenting on the images themselves. Now, it's hard to get good images without falling under a), so most images would qualify anyway, but the law's not totally clear on how use of images taken while lawfully on property but without explicit permission would work. Disney certainly thinks they have the right to control such imagery, but like much of copyright law, how it actually would play out in court is difficult to say. It's also important to note that you can't protect publically-viewable architecture from having images taken of it. Also, the way copyright works is that it's the duplication itself that violates the law, not the use of those copies. Whether they're used commercially or not is only relevant to what's called a "fair use" analysis, which is a defense to admitted copying, not an explicit exception to the law itself. Finally, copyright does apply to images of Disney characters and symbols, which are likely to be included in images from the park. This is where fair use definitely comes in.



    Actually, no, you don't have to defend your copyright. The requirement of defense only applies to trademarks, which is a different ball game. Unlike copyright, trademark explicitly does not have to do with copying, but with the use of the imagery. It's certainly relevant here, but in a situation where the danger of an audience being confused into thinking this is a Disney product is fairly minimal and it's not obvious libel, it's hard to establish a case - so hard that I don't think this could be reasonably used as evidence of trademark abandonment.

    None of this should be taken to mean that Disney couldn't sue them anyway, which would be devastating to a small film operation, but the article's not wrong when they say that Disney's case would be questionable.
    My niece is currently studying law at Chapman University. She wants to specialize in intellectual property as well. And she used to be a CM!

  12. #12

    • Member
    • Offline

    Join Date
    May 2012
    Posts
    903

    Re: Escape From Tomorrow to be Released

    Quote Originally Posted by Yohohoho View Post
    Parody is among the most iron-clad Fair Use defenses.
    True, but some of us still remember the brouhaha Disney kicked up over Snow White in the 1989 Oscars opening number.

  13. #13

    • Minion
    • Offline

    Join Date
    Feb 2009
    Location
    San Diego, CA
    Posts
    1,773

    Re: Escape From Tomorrow to be Released

    I can't wait to see the movie. I have the soundtrack to it and it is absolutely gorgeous. It would be a crime to have a soundtrack that good and not have people see the movie.
    Life is far too short for bland food!


    Flickr page: www.flickr.com/ringoffirehotsauce
    You Tube: www.youtube.com/ringoffireguy
    Facebook: http://profile.to/michaelgreening/
    Twitter: http://twitter.com/RingofFire1
    Personal website: www.mikeanddianes.com

  14. #14

    • Member
    • Offline

    Join Date
    Sep 2008
    Location
    Las Vegas, NV
    Posts
    372

    Re: Escape From Tomorrow to be Released

    Quote Originally Posted by bigcatrik View Post
    Oh, and "Streisand Effect," so Disney would be wise to just shrug or laugh it off. Those SNL sketches with creepy ride AAs don't seem to bother them, not to mention that recent "Real Princesses of Disney" sketch. That was quite brutal (especially to Cinderella) and used almost identical princess costumes.
    There was a Beauty and the Beast sketch on SNL a couple years ago that used the costumes from the Broadway production of Beauty and the Beast
    Beauty & The Beast | Video | Saturday Night Live | NBC
    so I would say SNL and Disney are OK with each other.

    In this case, it seems like the film is meant to slander Disney. It seems like the movie is all about how Disney is terrible and is slandered for giving their guests manafactured happiness.

  15. #15

    • New Member
    • Offline

    Join Date
    May 2011
    Posts
    21

    Re: Escape From Tomorrow to be Released

    I'm just glad that finally people will be able to see the film that they were furiously arguing about (without actually SEEING the film).

Page 1 of 2 12 LastLast

Similar Threads

  1. [News] "Escape from Tomorrow" movie filmed in Disneyland secretly
    By Disneymike in forum Disneyland Resort
    Replies: 337
    Last Post: 02-02-2013, 12:23 PM
  2. Escape From The Haunted Mansion
    By Lost Boy in forum MiceChat Main Lounge
    Replies: 10
    Last Post: 11-15-2008, 07:24 PM
  3. Escape From Critter Country: an idea to alleviate congestion
    By BigThunder in forum Disneyland Resort
    Replies: 29
    Last Post: 08-22-2006, 08:27 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •