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  1. #1

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    Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    .... Disneyland on the Internet?

    Since Disney owns the underlying copyrights of most pictures taken at Disneyland, I was wondering if anyone has been approached by the company regarding the publishing of some of these images to the Web.

  2. #2

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    Yes, but mostly those are the pictures that were leaked out or are concept art or something like that.
    -Bill

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    they don't own copyright on photos you take.

    Don't confuse their ownership of their likeness and properties with them owning the copyright to photos you take.

    Besides... even if you were to publish disney owned photos - two words for you 'fair use'.
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    Quote Originally Posted by sleepyjeff View Post
    Disneyland was meant to be sipped not chug-a-lugged

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    Quote Originally Posted by flynnibus View Post
    they don't own copyright on photos you take.

    Don't confuse their ownership of their likeness and properties with them owning the copyright to photos you take.

    Besides... even if you were to publish disney owned photos - two words for you 'fair use'.
    Most buildings and other artwork in Disneyland are copyrighted, so, if a guest photographs these things, he or she is not entitled to publish these pictures in most instances.

    Policing these copyrights may be largely impracticable in the age of the Internet, but Disney still has the right to claim infringement. I'm just wondering if the company has done so concerning images published through MiceChat.

    The fair-use doctrine has the potential to cover: news reporting; parody; criticism; etc. But, while many people consider fair use to be a right Congress embedded in the Copyright Act, the doctrine is not. (In fact, there are few rights in the Copyright Act.) Instead, fair use limits a copyright owner's exclusive rights. For litigation purposes, fair use is an affirmative defense to copyright infringement.

    An affirmative defense is a denial to a plaintiff’s allegation whereby the defendant asserts that there is additional evidence the court should consider. And, that additional evidence effectively mitigates or eliminates a defendant’s liability or guilt.

    The defendant, not the plaintiff, holds the burden of proving the evidence that is the basis of the affirmative defense. And, frankly, Disney could argue infringement fairly effectively in most of these cases. For example, with the recent publication on MiceChat of pictures showing The Haunted Mansion's inner workings, Disney could easily claim that those images potentially deprive the company of earnings that might come from tours of backstage or books showing photographs of backstage.

    Similarly, Disney could claim that publication of the images potentially deprives the company of earnings that might come from The Haunted Mansion as it is currently offered to guests.

  5. #5

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    I think if anything, publishing these photos here helps Disney. When we see a trip report, we are inspired to visit the parks, stay at their hotels and buy their meals and souvenirs.


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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    Again.. these are not copyright issues - they are property law issues.

    A private entity has authority to restrict or grant access to their possessions.

    Disney's biggest concern is the use of their likeness outside of their control.

    Photos of the HM are not copyright issues - and when it comes to reproducing other copyrighted material (as often is done here for illustration) its done under the pretenses of review, criticism, news, etc.. where Fair-Use (when used with several tests) could easily be argued.

    But again in the context of this thread.. 'backstage' photos are not copyright issues when it comes to you posting photos you took yourself. They are property-law issues because of taking the photos of private property on private property without the consent of the owner.
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    Am I evil? yes, I am
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    Quote Originally Posted by sleepyjeff View Post
    Disneyland was meant to be sipped not chug-a-lugged

  7. #7

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    If someone was selling photos of famous locations in Disney then they'll object. They're not going to object to someone posting their trip to Disney however.

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    ^^ Beat me to it. No one here is making money off these things (I know I'm not) and are doing nothing more than piquing others' interest in going to the Parks.

    What's the harm??
    How much do we have to pay to get MiceChat Old?

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    Quote Originally Posted by PragmaticIdealist View Post
    .... Disneyland on the Internet?

    Since Disney owns the underlying copyrights of most pictures taken at Disneyland, I was wondering if anyone has been approached by the company regarding the publishing of some of these images to the Web.
    Mickey is a copywritten character, also a trademark for the Disney corporation. Your theory is that Disney owns every photo taken of a child with Mickey?

    Wrong. I don't have the legal background to argue the point, but common sense says its wrong.

  10. #10

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    I could be wrong, but I understood that when in something like an amusement park, photos taken inside may not be sold without a property release. But, if I stood across the street and took a photo of say a coaster, that's fair game since I was not on property when the photo was taken. Can anyone confirm/deny this?

  11. #11

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    I know several CM's and former CM's including myself who have been contacted and confronted by Management for leaking information, backstage photos, and things like that... but not pictures.
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  12. #12

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    Ok, I've had to study law regarding photo copyrights -- have a book or two on this too for backup if I need that later.

    Basically, we are not talking about property laws AT ALL. This is pure copyright protection. All copyrights for architectural purposes will give case-by-case instances on what you can and how you can photograph anything. For example, if you take a photo of the Eiffel Tower in Paris, France during the day, you can do whatever you want. But when the lights are turned out, no photography allowed that will break copyrights (due to restrictions on the light show). Ask permission or get in trouble. Most rules for architecture and photography of other copyrighted works are the same: no photographs may be taken of the copyrighted subject for commercial use without prior approval unless the copyrighted subject is not the focus of the photograph. i.e. A photograph of the New York City skyline is alright to make a profit on, but a photograph of the Empire State Building is not.

    The basics for Disney Parks are no photography of their architecture or characters or anything within can be sold for a profit without prior permission. You may take photos of the castle for your scrap book, but you may not take photos of the castle to sell at your gallery. There are confidentiality and integrity restrictions in place, too, so if there's a cease and desist about a photo, it's showing restricted areas that are designated as no photo zones. I could even see them going after a photo that might show illegal activity that could be misinterpreted and could go in the area of libel.

    Photographs of the parks that could be free of the copyright restrictions would be hard to come by. In fact, might need to go into some aerial photography where the park isn't the main subject to be able to do something like that.
    -Tim

  13. #13

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    You can not copyright a building.

    Only, iterary, musical, or artistic work

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  14. #14

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    Quote Originally Posted by FrumiousBoojum View Post
    Ok, I've had to study law regarding photo copyrights -- have a book or two on this too for backup if I need that later.

    Basically, we are not talking about property laws AT ALL. This is pure copyright protection. All copyrights for architectural purposes will give case-by-case instances on what you can and how you can photograph anything.
    But the thought that spurred this thread is the 'backstage photo' thread. I don't own a copyright at all on the inside of my house, but I can prevent you from taking photos in there - and its got nothing to do with copyright, because I didn't create any of it. It's just that its my personal property.

    Disney doesn't have a copyright on a steel shed, but they can prevent you from taking photos of it on their private property.

    Are you trying to say Disney has copyrights on trucks, boxes, and regular construction methods? That's just not the case. There needs to be something artistic, unique or creative about the material to be copyrighted. I can't copyright generic things.

    Quote Originally Posted by FrumiousBoojum View Post
    For example, if you take a photo of the Eiffel Tower in Paris, France during the day, you can do whatever you want. But when the lights are turned out, no photography allowed that will break copyrights (due to restrictions on the light show).
    That's probably because its considered a 'performance'. Just because something is performed in public does not gauruntee free license to it (for instance, giving a speech in public does not relinquish your copyright on the contents of that speech). Your building can not be copyrighted daylight vs evening - your example has got to be based on the concept that the lights are part of a show or performance.

    Quote Originally Posted by FrumiousBoojum View Post
    Most rules for architecture and photography of other copyrighted works are the same: no photographs may be taken of the copyrighted subject for commercial use without prior approval unless the copyrighted subject is not the focus of the photograph. i.e. A photograph of the New York City skyline is alright to make a profit on, but a photograph of the Empire State Building is not.
    I do not think you are talking about copyright law (which is federal law) but rather the idea of right-of-publicity (or right to privacy), which allows you to control how your likeness or identity is commercially used. Things like the castle are identity elements of Disney, and they would fight anyone trying to use that image commercially.

    Quote Originally Posted by FrumiousBoojum View Post
    There are confidentiality and integrity restrictions in place, too, so if there's a cease and desist about a photo, it's showing restricted areas that are designated as no photo zones
    See.. that's where the argument falls down. Copyright law has nothing to do with 'no photo zones' or restricting where people can and can not take photos. There is no basis there to say 'you can take a photo here, but not there'.
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    Am I evil? I am man, yes, I am

    Quote Originally Posted by sleepyjeff View Post
    Disneyland was meant to be sipped not chug-a-lugged

  15. #15

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    Re: Has Anyone on MiceChat Been Told to Cease and Desist Publishing Pictures of....

    To answer the original question,..........no.


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