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  1. #1

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    Disneyland Legal Question.

    I'm a photographer, and I take a lot of photos at DL. For one of my assignments in class I had to put together a mock photobook. My topic was, of course, Disneyland.

    So many people told me that the book came out so well that I should actually look into putting together a book of my art.

    Well. I'm quite sure that I just can't take a picture of the Haunted Mansion and sell it. Even though I'm creating the art, Disney created the subject.

    So, my two questions for anyone who may have the answers are:

    1.) Where can I find the actual law (ie: more information) about taking pictures at DL and selling them? I'd like to actually read it myself.

    2.) How could I go about getting my book approved by Disney? There are a number of people who regularly write on MiceAge that have written books all about Disneyland and sell them. Are these done with permission? Is there a way around it because it's done as a Fan instead of simply a capital venture?

    If anyone could shed some lights on these topics, I'd be greatly appreciative. Even just a better direction to go from here.

    Thanks again, guys!

  2. #2

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    Re: Disneyland Legal Question.

    Try calling the legal deparment at DL. Also check copywrite law and see what exactly is covered.

    You may not be able to make money from photogs of DL as the subject matter is their property - however, you may be able to take as many personal pics as you want. Check it out and please let us know what you find.

    Don't try to kid yourself - if you were only doing it as a fan - you wouldn't desire to publish it. Publishing it in hopes of gaining sales is a capital venture.
    Minnietoo

  3. #3

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    Cool Re: Disneyland Legal Question.

    Quote Originally Posted by minnietoo View Post
    Don't try to kid yourself - if you were only doing it as a fan - you wouldn't desire to publish it. Publishing it in hopes of gaining sales is a capital venture.
    No, he did it as a fan, not to mention a class assignment. I was in a similar situation with a project I did involving the "village" that used to spring up outside of Grateful Dead shows. When it comes to projects like this, most photographers are more interested in people seeing the work than in any monetary gain. Only a lunatic goes into photography because he wants to be rich.

    Cheers,

    ralfrick
    (BFA in Photography, Academy of Art, Class of 1989)
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  4. #4

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    Re: Disneyland Legal Question.

    Quote Originally Posted by ralfrick View Post
    No, he did it as a fan, not to mention a class assignment. I was in a similar situation with a project I did involving the "village" that used to spring up outside of Grateful Dead shows. When it comes to projects like this, most photographers are more interested in people seeing the work than in any monetary gain. Only a lunatic goes into photography because he wants to be rich.

    Cheers,

    ralfrick
    (BFA in Photography, Academy of Art, Class of 1989)
    I understand that the initial project was an assignment. Forgive me, Makkura and Ralfrick if I am wrong about the money issue - I am not an artist so the motivation idea escaped me.

    The difference with your example is that no one owns "the villiage" as it is a public phenom. But a private corporation owns Disney so that's where the legal and copywrite stuff comes into play. And of course Makkura is aware of that - since the question was asked. So hence I am babbling - thanks for indulging.
    Minnietoo

  5. #5

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    Re: Disneyland Legal Question.

    People here on Mice Chat post their own personal pictures of Disneyland all the time and Disney has not gone after them. Chatters like Barbaraann make their own scrapbooks consisting of disney park images and Disney does not go after people like her. If you are not making money on the images, I see no problem with it.

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    Re: Disneyland Legal Question.

    I see it as if the images you took are your own piece of art. Disney did not take the picture, you took the picture.

  7. #7

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    Re: Disneyland Legal Question.

    Quote Originally Posted by Disney Wrassler View Post
    I see it as if the images you took are your own piece of art. Disney did not take the picture, you took the picture.
    Copyright and fair use law is pretty clear. As long as you took the picture and didn't resort to illegal means to obtain it, you own the rights to it. You may distribute and publish it (even for money) however you see fit as long as you do not misrepresent what is in the photo.

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    Re: Disneyland Legal Question.

    Quote Originally Posted by Makkura View Post
    2.) How could I go about getting my book approved by Disney? There are a number of people who regularly write on MiceAge that have written books all about Disneyland and sell them. Are these done with permission? Is there a way around it because it's done as a Fan instead of simply a capital venture?
    You don't need Disney's permission as long as you created the photographs and aren't stealing or misusing copyrighted content from Disney. There are plenty of "unofficial" books and websites out there. Usually including a simple disclaimer stating you don't represent Disney and are not affiliated with them in any way is sufficient.

    For example, MiceChat's Legal & Privacy Policy: http://www.micechat.com/forums/portal.php?page=legal

  9. #9

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    Re: Disneyland Legal Question.

    Actually, publishing photos in a book is a different matter.

    For example, the Unofficial Guide to Disneyland cannot use photos of the park, while Birnbaum's Guide (which is owned by Disney) can.....
    Check out my Theme Park Photos at http://darkbeer.smugmug.com

  10. #10

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    Re: Disneyland Legal Question.

    Personal photos taken at the Disneyland Resort and distributed strictly for personal use do not require clearances from our Legal Department, however, if you are preparing a publication of any kind featuring Disney copyrighted material, even if it's not for sale, you are putting yourself in a very actionable position by not contacting Disney for permission.

    Unfortunately, fair use laws are quite inscrutable and specifically pertaining to this situation, merely cover the use of our copyrighted images by news organizations and some documentaries. http://www.copyright.gov/fls/fl102.html

    If you are interested in including Disney images in your publication. please send a faxed request to Margaret Adamic, Contracts Administrator, Disney Publishing @ 818.569.5900 (FAX).

    I realize this information may seem curious, since I am posting this on a web site which features all manner of Disney copyrighted material and no cease-and-desist letters have ever been sent to MiceChat. The simple fact is there are too many web sites featuring our copyrighted images for The Company to police. Unofficially, I think we take the position that these sites are labors of love created by Disney afficionados whose intention is not to cause damage to the Company or compete with official Disney multimedia.
    Last edited by Jestyr; 09-18-2006 at 03:57 PM.

  11. #11

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    Re: Disneyland Legal Question.

    if you sell photographs taken on privote property, you need there permission to sell them, as it is somewhat there property, news groups/forums/online articles/newspapers have permission in a sence to post images.. as long as they dont sell them... (news papers only post what is allowed and relevent..)

    Best contact disney legal about what there policy is, im sure they have something you can go through, and include in the book stating permission...

    they probably end up reviewing the images and approving it before selling it.

  12. #12

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    Cool Re: Disneyland Legal Question.

    Quote Originally Posted by disneytim View Post
    Copyright and fair use law is pretty clear. As long as you took the picture and didn't resort to illegal means to obtain it, you own the rights to it. You may distribute and publish it (even for money) however you see fit as long as you do not misrepresent what is in the photo.
    This is inaccurate. I don't have time for a long post, but here's a for instance. If you are in a public park enjoying a Coke, you can be photographed, even without permission. That photo could be used in a gallery exhibit by the photographer. It could be used in a magazine or newspaper which is editorial use. It could not be used in an ad for the Coca Cola company (commercial use) unless the subject agrees and signs a release.

    Cheers.
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  13. #13

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    Re: Disneyland Legal Question.

    Quote Originally Posted by Jestyr View Post
    I realize this information may seem curious, since I am posting this on a web site which features all manner of Disney copywritten material and no cease-and-desist letters have ever been sent to MiceChat.
    I hope you aren't an attorney, because, as you should know, it's a copyright...not a copywrite.

  14. #14

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    Re: Disneyland Legal Question.

    Quote Originally Posted by ralfrick View Post
    This is inaccurate. I don't have time for a long post, but here's a for instance. If you are in a public park enjoying a Coke, you can be photographed, even without permission. That photo could be used in a gallery exhibit by the photographer. It could be used in a magazine or newspaper which is editorial use. It could not be used in an ad for the Coca Cola company (commercial use) unless the subject agrees and signs a release.

    Cheers.
    Exactly what I (a photojournalism graduate) would have said
    *raises glass*
    Disneyland is considered private property (you have to pay to get in)
    therefore, commercial (what yours would be considered if you were to make your book) needs to have permission from the park.
    The above name sounded like a ood start. Good luck!

  15. #15

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    Re: Disneyland Legal Question.

    The difference is between commercial use and personal use. Who ever snaps the picture is the holder of the copyright (apparently by case law -even if you are in the employ of someone else while taking the photos) and can publicly do whatever type of display. It is the commercial use of the photo, as in advertising, publishing (other than personal), or use that can be reasonably construed as commercial, that you need releases, permission of property owners or trademarked image holders consent. There are usually contracts specifying the details of use and whatever fees for commercial use are agreed upon.

    So in short. If you take DL photos with characters (say Mickey) or icons (the castle) and innocent bystanders, then you may share them with others or publicly display them (if you are a news agency - publish as news) as you see fit. If you plan to publish in a book, on a website you own that is commercial (not vanity), display on broadcast television as anything other than just as your work as a photographer or artist, or use in advertising or promotions of any kind, you need releases and all necesary permissions required by Disney.

    That is my interpretation of how it works, or has worked with other non-DL photos I have sold/used.

    Not to be construed as legal advice. Consult your attorney. Actual mileage may vary.







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