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  1. #16

    • Little Miss Sunshine
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    Re: Ride Photo Copyright ?

    Quote Originally Posted by tif_64 View Post
    Disney will actually let you purchase a CD with all of your photopass photos on it now! I'm pretty sure you are also granted any copyrights and the photos are officially yours to do with whatever you please. I wonder if people still have troubles getting them printed? Unfortunalty they haven't started to include your ride photos on this yet.
    I was thinking that one ride - maybe Test Track (in FL?) has the photos added to the photopass.

    I also thought that there was something with the photopass CD that included the rights to the photos, something written (from what I've seen posted elsewhere). I have never had a photo taken by the CM's who do photopass, but they are your photos once you buy the CD. But I don't think you could sell them, but use them for personal use.

    Just like if I take a photo of the castle, I cannot sell it. It's my photo, but it's their trademark (the castle). Something like that, anyway!
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  2. #17

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    Re: Ride Photo Copyright ?

    Quote Originally Posted by nbodyhome View Post
    Just like if I take a photo of the castle, I cannot sell it. It's my photo, but it's their trademark (the castle). Something like that, anyway!
    Trademark is different from copyright.

    You can't use the likeness of the castle - but the building itself is not copyrighted. Building trademarks can not apply to buildings built before 1993.

    Basically... you can't use Disney's established, unique things to promote you or your things without Disney's permission. Just like someone can not take a photo of you, and use that photo to promote something without your permission. Its a privacy issue.

    It's not about the copyright of the building or photo itself, its about the likeness and ownership of it.

    Here is an exert from the Library of Congress which does a good job explaining the difference through example.

    Privacy and Publicity Rights

    Privacy and publicity rights reflect separate and distinct interests from copyright interests. Patrons desiring to use materials from this website bear the responsibility of making individualized determinations as to whether privacy and publicity rights are implicated by the nature of the materials and how they use such materials.

    While copyright protects the copyright holder's property rights in the work or intellectual creation, privacy and publicity rights protect the interests of the person(s) who may be the subject(s) of the work or intellectual creation. Issues pertaining to privacy and publicity may arise when a researcher contemplates the use of letters, diary entries, photographs or reportage in visual, audio, and print formats found in library collections. Because two or more people are often involved in the work (e.g., photographer and subject, interviewer and interviewee) and because of the ease with which various media in digital format can be reused, photographs, audio files, and motion pictures represent materials in which issues of privacy and publicity emerge with some frequency.

    The distinctions among privacy rights, publicity rights, and copyright are best illustrated by example: An advertiser wishes to use a photograph for a print advertisement. The advertiser approaches the photographer, who holds the copyright in the photograph, and negotiates a license to use the photograph. The advertiser also is required to determine the relationship between the photographer and the subject of the photograph. If no formal relationship (e.g., a release form signed by the subject) exists that permits the photographer to license the use of the photograph for all uses or otherwise waives the subject's, sitter's or model's rights, then the advertiser must seek permission from the subject of the photograph because the subject has retained both privacy and publicity rights in the use of their likeness. The publicity right of the subject is that their image may not be commercially exploited without his/her consent and potentially compensation.

    While copyright is a federally protected right under the United States Copyright Act, with statutorily described fair use defenses against charges of copyright infringement, neither privacy nor publicity rights are the subject of federal law. Note also that while fair use is a defense to copyright infringement, fair use is not a defense to claims of violation of privacy or publicity rights. Privacy and publicity rights are the subject of state laws. What may be permitted in one state may not be permitted in another. Note also that related causes of action may be pursued under the federal Lanham Act, 15 U.S.C. § 1125 (a), for example, for unauthorized uses of a person's identity in order to create a false endorsement.

    While an individual's right to privacy generally ends when the individual dies, publicity rights associated with the commercial value connected with an individual's name, image or voice may continue. For example, many estates or representatives of famous authors, musicians, actors, photographers, politicians, sports figures, celebrities, and other public figures continue to control and license the uses of those figures' names, likenesses, etc.

    Although the risks for using an image in a periodical's "editorial" pages may be less than for use in advertising or for other commercial purposes, the risk can still be high if the person depicted is held up to ridicule or presented in a libelous manner. While it is true that famous or public figures who seek recognition have thereby surrendered some privacy, they may have the right to control the commercial use of their image (likeness, voice, signature, etc.). This principle recognizes that a celebrity's image can be an asset in trade.
    http://www.loc.gov/homepage/legal.html
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  3. #18

    • It's all nonsense
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    Re: Ride Photo Copyright ?

    Quote Originally Posted by Steve DeGaetano View Post
    Try Snapfish.
    Ditto that. Order them online and get them shipped to you.

  4. #19

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    Re: Ride Photo Copyright ?

    Quote Originally Posted by Alyssa3467 View Post
    Yes, they are. At the bottom right corner of every photo you can see "© Disney" and when I worked at Tower Hotel Gifts, I would stop Guests from taking pictures in the photo preview area; they're not legally allowed to do that.
    Really?? That is weird, lots of people do it anyways.

  5. #20

    • Hiding in the shadows
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    Re: Ride Photo Copyright ?

    You may be better off getting a photo printer and doing it yourself, especially if you are really into scrapbooking. I have ran into this at several stores, and not only with Disney. I had a black and white photo of my Mom when she was young circe 1946, I had scanned it, three shops (CVS, Walgreens and Target) refused to print because it was a professional photo and needed a release...yeah I'll get right out and find that photographer!

    Good luck, I hope you find a resolution!

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  6. #21

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    Re: Ride Photo Copyright ?

    Quote Originally Posted by MollyTrolly View Post
    I had a black and white photo of my Mom when she was young circe 1946, I had scanned it, three shops (CVS, Walgreens and Target) refused to print because it was a professional photo and needed a release...yeah I'll get right out and find that photographer!
    Yeah this kind of thing is total crap. These stores think they can judge what looks 'professional', when now-adays joe blow can go out and get a nice digital camera to take quality pictures.

  7. #22

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    Re: Ride Photo Copyright ?

    Why are you guys making things so difficult? No need to go to CVS, Walgreens, Target, etc.

    Just upload to Snapfish (or any other on-line photo place). They'll mail you back your prints, and the prices are reasonable.

    http://www.snapfish.com/

  8. #23

    • Circle of Ancients
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    Re: Ride Photo Copyright ?

    Put them on a disc, go to CVS and use their photo machine.

    That's what we did. Done.


  9. #24

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    Re: Ride Photo Copyright ?

    Pretty much anything to do with a ride or a building within the parks is copyrighted. A few years ago I was working for a company that did poster prints for artists, and a photographer sent me some pix he took of the interior of Space Mountain. I sent them over to Disney to see if they were ok (even though there was nothing 'Disneyesque' about them, I just had a feeling..), and the official word I got back from thier legal department was that anything having do to with a ride or a structure within the parks are copyrighted.
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  10. #25

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    Re: Ride Photo Copyright ?

    Quote Originally Posted by MollyTrolly View Post
    I had a black and white photo of my Mom when she was young circe 1946, I had scanned it, three shops (CVS, Walgreens and Target) refused to print because it was a professional photo and needed a release...yeah I'll get right out and find that photographer!
    Copyright is until 75 years after the owner's death. You might get by with proof the business is gone and you have no way of getting a hold of the owner, but they are covering their butt for good reason. Violation is a $10,000 fine.
    I used to work at a photo printing business, and had to discuss this weekly with upset customers, especially when Olan Mills disappeared.

    Taking a picture inside the park for commercial use- you would have to get it OK'd because it is on private property (you paid to get in.) Usually for private places, you can pay a fee to use their grounds, I'm not sure how Disneyland works with this (seen plenty of engagement photos there.)

  11. #26

    • Pilot EdForceOne
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    Re: Ride Photo Copyright ?

    Quote Originally Posted by OogieBoogie View Post
    Pretty much anything to do with a ride or a building within the parks is copyrighted. A few years ago I was working for a company that did poster prints for artists, and a photographer sent me some pix he took of the interior of Space Mountain. I sent them over to Disney to see if they were ok (even though there was nothing 'Disneyesque' about them, I just had a feeling..), and the official word I got back from thier legal department was that anything having do to with a ride or a structure within the parks are copyrighted.
    This has been covered here before. They are not copyrighted - they are protected by privacy laws and trademarks (in instances).

    Buildings were not added to copyright law until 1990

    From the Government's own copyright page
    http://www.copyright.gov/help/faq/faq-protect.html
    Does copyright protect architecture?
    Yes. Architectural works became subject to copyright protection on December 1, 1990. The copyright law defines “architectural work” as “the design of a building embodied in any tangible medium of expression, including a building, architectural plans, or drawings.” Copyright protection extends to any architectural work created on or after December 1, 1990. Also, any architectural works that were unconstructed and embodied in unpublished plans or drawings on that date and were constructed by December 31, 2002, are eligible for protection. Architectural designs embodied in buildings constructed prior to December 1, 1990, are not eligible for copyright protection.
    The issue is not copyright - it's use of the likeness.
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  12. #27

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    Re: Ride Photo Copyright ?

    Quote Originally Posted by Alyssa3467 View Post
    when I worked at Tower Hotel Gifts, I would stop Guests from taking pictures in the photo preview area; they're not legally allowed to do that.

    where were you like 4-5 months ago when there was a debate about this...



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  13. #28

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    Re: Ride Photo Copyright ?

    If you're talking about the pictures of hats and taking pictures of ride photos thread, I said the same thing...

  14. #29

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    Re: Ride Photo Copyright ?

    Quote Originally Posted by ladyalmalthea View Post
    I used to work at a photo printing business, and had to discuss this weekly with upset customers, especially when Olan Mills disappeared.
    Olan Mills disappeared? Why am I still getting emails and offers from them?

  15. #30

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    Re: Ride Photo Copyright ?

    Quote Originally Posted by nbodyhome View Post
    I know you aren't supposed to sell photos that are of Disney attractions, rides, buildings, etc. Something about trademark/copywrite. I would love to be able to sell a few of my photos, but that would take actually getting the license from Disney (I ran into a Disney photographer at WDW - not Photopass, he's a professional photographer for them).
    There is very limited copyright in a structure. You can just about take whatever pictures you want of a building and do whatever you want with it.

    Quote Originally Posted by nbodyhome View Post
    Just like if I take a photo of the castle, I cannot sell it. It's my photo, but it's their trademark (the castle). Something like that, anyway!
    The castle is in the public domain. It was built before the limited copyright protections were first enacted to cover architectural works in 1990. Even now, copyright doesn't protect most of Disney's signature structures. Copyright is “a form of protection provided by the laws of the United States...to the authors of original works of authorship, including literary, dramatic, musical, artistic, and certain other intellectual works.”
    Here is a complete list of works that are protected...
    literary works
    musical works, including any accompanying words
    dramatic works, including any accompanying music
    pantomimes and choreographic works
    pictorial, graphic, and sculptural works
    motion pictures and other audiovisual works
    sound recordings
    architectural works
    By “architectural works,” this includes buildings – but just protection from a builder duplicating the design of a building. Photography of the building is explicitly exempt:
    The copyright in an architectural work that has been constructed does not include the right to prevent the making, distributing, or public display of pictures, paintings, photographs, or other pictorial representations of the work, if the building in which the work is embodied is located in or ordinarily visible from a public place.
    – United States Code, Title 17, Section 120(a)
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