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  1. #1

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    Exclamation Disneyland Video Legalities

    As many of you may know, I have for a little while been taking videos at Disneyland and posting them on Google Video. You'll find links to the videos in my sig.

    Now about a half-an-hour ago I recieved the following email:

    Quote Originally Posted by Email I Recieved

    to whom it may concern (and it does concern you!):

    i would like to request that the video The Jungle Cruise (Skipper Ryan) NEW! be removed from your site immediately. It is illegal to post this video online with out Ryan's consent, and i know that he hasn't given it to you. so please do your selves all a favor and take it off the internet.

    sincerely,
    a friend, and fellow skipper of Ryan
    Here was my reply:

    Quote Originally Posted by My Reply

    Dear friend and fellow skipper of Ryan,

    First of all, I do not believe I am in the wrong here. I took a video at Disneyland, of a Disneyland attraction, which Ryan happened to be working (and he did an excellent job). I believe I am well within my rights to put a home movie of my own up. If you are correct, than does this not also mean it would be illegal to post a video of a show at a Disney park without the consent of each of the performers? It would in fact be illegal to post a video with anyone in it without getting their individual consent. True Ryan is named, but only by first name, and anyone who could view this video could go to Disneyland and see him. I am not charging for this video in any way, nor was Ryan charging anyone to go on the jungle cruise, hence I am harming no one, robbing no one, nor am I invading anyone's privacy.

    That being said, please tell Ryan of this if you feel that strongly about it, and if he himself would rather this video be removed, I will honor his wishes. If, also, you could please be more specific as to how I am braking the law by posting this video online, I may remove it. My videos are not posted to harm anyone or to violate the law or a person's rights. They are purely for fun and a way for those who cannot visit the park very often to enjoy it in between visits. I apologize if I come off as insincere in this email, for that is not my intention. However if it is within my rights to post this video, which I do believe it is, and if Ryan himself does not personally have a problem with it, than I shall not remove it.

    Sincerely,

    #####,
    Webmaster of Carousel of Magic
    What do you guys think? I won't repeat what I think, since that was spelled out in my email. Now if Ryan himself does want it removed, that's one thing, but am I really doing anything wrong here?


    UPDATE (6/29): I said I'd update you if I got any reply, and two days ago I did. I didn't get the email until today however, it got stuck in my Spam filter.

    Ryan, Skipper Ryan himself, sent me the following email:

    Quote Originally Posted by Skipper Ryan

    Dear #####,

    My name is Ryan, and I am a skipper on the jungle cruise at Disneyland. My friend Laura, wrote you earlier regarding the removal of my video on your web site. It is very important that this video be removed. I am very flattered that you posted it, however, my job is now at risk due to the fact that I strayed off script. I need this job, and can't afford to lose it. As far as legallities, I am not entirely sure that it is legal, but morally, I would appriciate it if the video was removed as soon as possible.

    Thank you for your time, I will be in touch,

    Skipper Ryan

    What did I do? Well I immediately removed the video for one. It may appear on Google for a few more hours as changes in my account take time to appear on the site, but I said if Ryan wanted it removed, I would remove it, so thats exactly what I did. I also sent the following reply:

    Quote Originally Posted by My Reply

    Dear Ryan, first of all, I appologize for the belatedness of this email; it got caught in my spam filter. I sympathize with your concern, and as of 4:00pm, Thursday, the 29 of June, the video has been removed (keep in mind it may take a few hours before the video no longer appears on Google Video, that's google's end of it, not mine). Just so you know, the video has been very popular, with about 1500 viewings in the time since I posted it, so I congatulate you on a good job. I am well aware of DL managements dislike for non SOP jokes, so I appoligize for being a source of concern. Please keep up the good work at Disneyland,

    -#####
    So that's the end of the story. I do hope Ryan hasn't gotten into any trouble over my video; although it wouldn't really be my fault if he had.
    Last edited by Club 33; 06-29-2006 at 03:17 PM.













  2. #2

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    Re: Disneyland Video Legalities

    A friend and fellow skipper of Ryan?

    If Ryan ain't got the you know whats to say it himself then don't bother.

    End of story.
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  3. #3

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    Re: Disneyland Video Legalities

    Interesting... It's a home movie that features someone that is employeed under contract by the Disney company. Ryan, nor his friend, may not have the right to demand that you take your video off the web because at that time Ryan was filmed as an employee of a Disney theme park.

    I believe you will have to take this up with corporate and contact someone about the "right" to post a home video of a themed Disney attraction featuring an employeed cast member that's representing Disney Theme Parks and not Ryan the individual.

    Find out the official answer by them because I highly doubt Ryan and his fellow skipper have lawyers. This could just be a case that just may be laughed out of court. I said "may be" laughed.
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  4. #4

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    Re: Disneyland Video Legalities

    Quote Originally Posted by Crazy Larry
    A friend and fellow skipper of Ryan?

    If Ryan ain't got the you know whats to say it himself then don't bother.

    End of story.
    That's my take. Actually, I do know the person's name, since it appeared along with their email address in the "From:" line. I'm not sure they realized that. However, if this person ever ends up being my skipper at Disneyland it could be interesting...













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    Re: Disneyland Video Legalities

    Quote Originally Posted by Micoofy Duck
    Interesting... It's a home movie that features someone that is employeed under contract by the Disney company. Ryan, nor his friend, may not have the right to demand that you take your video off the web because he at that time he was filmed he is an employee at a theme park.

    I believe you will have to take this up with corporate and contact someone about the "right" to post a home video of a themed Disney attraction featuring an employeed cast member that's representing Disney Theme Parks and not Ryan the individual.

    Find out the official answer by them because I highly doubt Ryan and his fellow skipper have lawyers. This could just be a case that just may be laughed out of court. I said "may be" laughed.
    The long and short of it is, if this had even the inkling of a possibility of the chance of maybe in an infitite possibility of actually going to any court I would remove it. I don't want a fight. I just believe I'm within my rights to post it and I wanted a little reassurence of that. I don't think I'd waste corparate's time by calling them on this; they certainly have seemed to look the other way with the gigabytes (if not terrabytes) of Disney audio and video drifting around the internet. Now while this video doesn't infringe on any copyrights, I think it's just best to let things lie the way they lie.

    This is more of an issue on whether I am infringing on Ryan's rights by posting it.













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    Re: Disneyland Video Legalities

    First off, Ryan should be the one asking you to remove it, not his friend.

    Second, technically, you don't have the rights to Ryan's likeness. Video or photo, no one has the rights (unless permission is given) to another's likeness (especially those of famous/well-known individuals). You may own the copyright to any self-taped videos and self-taken photos, but you don't own the rights to the likenesses of the people in them. Technically, you're supposed to get permission from everyone, blur their faces, or not show the material in public. I believe that's one of the resons why the Indiana Jones at Disneyland doesn't look like Harrison Ford.

    Personally, I believe that unless you're using a person's likeness to advertise and/or profit, you should be able to use it. Of course, if someone is uncomfortable about their face showing up in something, that's different.

    I say keep the video the way it is unless you hear from Ryan himself. Even then, you could bur his face so that it is totally unrecognizable and still keep the video up.

    Disclaimer: Do not take the above information as legal advise.
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    Re: Disneyland Video Legalities

    Quote Originally Posted by Trader Sam
    First off, Ryan should be the one asking you to remove it, not his friend.

    Second, technically, you don't have the rights to Ryan's likeness. Video or photo, no one has the rights (unless permission is given) to another's likeness (especially those of famous/well-known individuals). You may own the copyright to any self-taped videos and self-taken photos, but you don't own the rights to the likenesses of the people in them. Technically, you're supposed to get permission from everyone, blur their faces, or not show the material in public. I believe that's one of the resons why the Indiana Jones at Disneyland doesn't look like Harrison Ford.

    Personally, I believe that unless you're using a person's likeness to advertise and/or profit, you should be able to use it. Of course, if someone is uncomfortable about their face showing up in something, that's different.

    I say keep the video the way it is unless you hear from Ryan himself. Even then, you could bur his face so that it is totally unrecognizable and still keep the video up.

    Disclaimer: Do not take the above information as legal advise.
    Don't worry, I'm not looking for legal advice here, just a little reassurence that I'm not doing anything wrong.

    And like I said, I would understand completely if Ryan felt uncomfortable about a video being posted of him. But that's his call.













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    Re: Disneyland Video Legalities

    I forgot about Ryan being under contract by Disney. It may be that Disney owns the rights to his likeness? If so, Disney should be the one contacting you, not Ryan's friend.

    Don't worry about it, Club 33. I've actually received a couple of bully emails about stuff on my site, and they were FAR, FAR more serious than what you're going through. Fortunately, the *bleep* didn't have the backbone to go through with anything. They just tried to intimidate me to get some quick cash.
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    Re: Disneyland Video Legalities

    Quote Originally Posted by Trader Sam
    I forgot about Ryan being under contract by Disney. It may be that Disney owns the rights to his likeness? If so, Disney should be the one contacting you, not Ryan's friend.

    Don't worry about it, Club 33. I've actually received a couple of bully emails about stuff on my site, and they were FAR, FAR more serious than what you're going through. Fortunately, the *bleep* didn't have the backbone to go through with anything. They just tried to intimidate me to get some quick cash.
    I think you're right. I'll post again when/if I get a reply. I'll be interested to see what they might say, too, for...

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  10. #10

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    Re: Disneyland Video Legalities

    You are completely within your rights. Ryan signed a contract stating that the company can use his likeness in any manner that it chooses. And, it chooses to sell to you the right to use that likeness in the manner you did.

  11. #11

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    Re: Disneyland Video Legalities

    I think you're fine. Very nicely written email BTW.

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  12. #12

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    Re: Disneyland Video Legalities

    Reminds me of that post in the "HotCM" thread by Lookin4U who claimed a picture in the thread was his GF or maybe the Girlfriend of a Friend ... something along those lines. Makes one post to voice their snark and threat then rolls on, never to be heard from again.

    Yes...school's out for summer once again and the Internet will be many a childs babysitter for the season.

    I wouldn't worry about it unless you get a cease and desist letter from a lawyer. Until then Ryan's little buddy can whimper all he likes but if Disney doesn't ban video recording on the Jungle Cruise I doubt there's much that can or would be done about it. Guess you'll find out. Keep us posted.

    Love yer videos, BTW
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    Re: Disneyland Video Legalities

    Club 33,

    First off, EXCELLENT response to that bullying email! Very well written. While I'm not a lawyer, (but I have played one on TV... literally LOL)... I know when I worked for Knott's, that when you agree to become employed there, you also agree that your likeness will and can be used for photography and/or video. The company you work for has the right to use it in all promos and publications WITHOUT prior permission (which you gave by accepting employment) and/or compensation. Also, when you work at a themepark, it is known (and expected) that you will be photgraphed and/or videotaped.

    As long as the person doing the taping/photography is using it for non-profit personal entertainment (and the person being photographed/videotaped) is an adult... no problem. When you work at these places, you ARE going to be photographed, videotaped, and if you do something REALLY stupid/funny..you will probably end up on America's Funniest Home Videos (I know I have seen tape of more than one Disney Character falling off of a parade float - and I'm sure they never got permission from Disney to televise those).

    Anyways.. I just know that when I worked for Knotts...the above was the way it was spelled out to us. Disney CM's are CAST members..performing onstage.

    (Plus, like everyone else, if Ryan had a problem, he should email you..not "a friend" who is basically threatening you...but they also used bad grammer and punctuation to do it! (Sorry, I just found that person's email soooo funny because it was trying to be so serious, but it was sooo badly punctuated!).

    Good luck and don't let them bully you!!!!!!!!

    P.S. You are nicer than I would be about this. Since you know the name of the person, I would be contacting Guest Relations and inform them that one of their CM's sent you this, basically, threatening email. Then give them a copy!
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  14. #14

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    Wink Re: Disneyland Video Legalities

    I think Ryan's little buddy is just jealous because you didn't videotape HIM and post it. He's really tired of living in his shadow and wants some of the spotlight too!

  15. #15

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    Re: Disneyland Video Legalities

    I agree with the other posters here Club 33, I feel you are well within your rights to post this home video of a Disney attraction. You are not splashing around Ryan's home address and asking people to pay to see your video because Ryan was so funny. As you stated in your very well written reply, you are only allowing people (like me) who cannot get to Disneyland on a regular basis the chance to enjoy the park and live vicariously through you. A very big thank you for that and keep that camera rolling!

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