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  1. #61

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    Re: Escpae from Tomorrow

    I really don't care much for this movie, but for anyone who does go see it, can you check if I'm in the movie, and if so, if they managed to capture my good side?

  2. #62

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    Re: Escpae from Tomorrow

    Quote Originally Posted by Mr Wiggins View Post
    That's not the point. When a production unit shoots in public, the public are notified -- either the area is signed, telling you that you may possibly be on camera and that by entering the area you agree to it, or PA's chase down individuals who are in shots and get release forms signed.
    Here's the thing though...by entering Disneyland you're entering private property. When they're filming something, no matter how many signs they put up notifying guests about it, there's no guarantee everyone knows what's up. And there's no way to get everyone who lands in a shot to sign a release form. By entering Disneyland, you're surrendering the rights you have in any other public place.

    Then, shooting at Disneyland would be a crime too right, since it's private property? Disneyland is a well-recognized landmark; it falls under the Fair Use Doctrine.

    Now if you wanna talk about how it's not morally right...that argument doesn't hold up either. Because despite the legal aspects of it, people being visible without consent on a public forum and people being visible without consent on a film are no different. Sure, one will hold up in the court of law and one won't, but don't give me this "journalistic" excuse...your face being visible is your face being visible, what difference is it to a guest what medium/purpose it is used for? It's all just part of this sue-happy society we live in, and it's pretty sad really that everyone here crticizes almost every lawsuit that goes against Disney, yet is so quick to judge a film which nobody has even seen.
    Last edited by TylerDurden; 09-27-2013 at 09:53 PM.

  3. #63

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    Re: Escpae from Tomorrow

    Quote Originally Posted by mine,mine,mine View Post
    YES the movie has been picked up by distributers. YES the film will be released in theatres. YES the film will be available to the general public. That is what this whole thread is about. the movie WILL be released in theatres Oct 11th and I am sure will be on DVD 3 months later.
    Source? You're saying a lot of 'yes' yet leaving out any specifics.

  4. #64

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    Re: Escpae from Tomorrow

    Quote Originally Posted by TylerDurden View Post
    Then, shooting at Disneyland would be a crime too right, since it's private property? Disneyland is a well-recognized landmark; it falls under the fair use doctrine.
    Disneyland is not Mt. Rushmore, the White House or the Grand Canyon. Disneyland is one, giant IP. Inside it are hundreds of additional IPs. All of these IPs are trademarked, copyrighted, patented, protected and owned, lock, stock and mouse ears by... The Walt Disney Company.

    The same company that Randy Moore somehow forgot-on-purpose to ask permission to shoot on their property and use their IPs in the making of his for-profit commercial film.

    The same Randy Moore who also forgot-on-purpose to ask permission of the Disneyland visitors who he used as unknowing extras if they would like to appear in his film.

    Fade out... The End.
    Last edited by Mr Wiggins; 09-27-2013 at 10:05 PM.
    "With the acquisition of Marvel and now of Lucasfilm,
    Disney may have finally found the grail. You don't need
    imagination or art. All you need is a brand."

    - Neil Gabler


  5. #65

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    Re: Escpae from Tomorrow

    Quote Originally Posted by TylerDurden View Post
    Source? You're saying a lot of 'yes' yet leaving out any specifics.
    Barring any legal action that stops the release, its due to be released in theatre's VOD, Itunes on October 11th.

    Per the official website: ESCAPE FROM TOMORROW | OFFICIAL SITE | In Theaters, VOD + iTunes October 11

  6. #66

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    Re: Escpae from Tomorrow

    Quote Originally Posted by TylerDurden View Post
    Here's the thing though...by entering Disneyland you're entering private property. When they're filming something, no matter how many signs they put up notifying guests about it, there's no guarantee everyone knows what's up. And there's no way to get everyone who lands in a shot to sign a release form. By entering Disneyland, you're surrendering the rights you have in any other public place.

    Then, shooting at Disneyland would be a crime too right, since it's private property? Disneyland is a well-recognized landmark; it falls under the Fair Use Doctrine.

    Now if you wanna talk about how it's not morally right...that argument doesn't hold up either. Because despite the legal aspects of it, people being visible without consent on a public forum and people being visible without consent on a film are no different. Sure, one will hold up in the court of law and one won't, but don't give me this "journalistic" excuse...your face being visible is your face being visible, what difference is it to a guest what medium/purpose it is used for? It's all just part of this sue-happy society we live in, and it's pretty sad really that everyone here crticizes almost every lawsuit that goes against Disney, yet is so quick to judge a film which nobody has even seen.
    One more time...Fair Use does NOT APPLY to people. It applies to copyrighted material. The Castle? Mickey? Fair use. Aunt Sally and Uncle Bob from Idaho? No.

    Also, legally, when you enter Disneyland the only thing you're agreeing to is to be filmed BY DISNEY for Disney purposes. You're not surrendering the right to be filmed for fictional commercial purposes by any person with a camera.

    Production companies who film on location typically have a lot of "notice of filming" signs, a lot of PAs and other crew around the perimeter, and restricted access to the area. There's no way, in other words, that anyone could walk by and go into a shot without being aware.

    And actually, the journalistic rationale isn't flimsy at all. The reason there's a difference is because of the First Amendment. The news media has the right to report the news. Taking photos and video are part of that. If they were restricted it would impede the fair and open reporting of events. That's where it comes from. Even there, though, there are limits in respect to privacy of non-public individuals - for instance the new California law which restricts the paparazzi's ability to photograph children of celebrities, regardless if they are out in public.

    Context is incredibly important. Do you really think that if someone put your face in a news clip versus an adult film, for instance, it wouldn't make a difference to you?

    The bottom line is that your likeness is yours. When someone uses your image in a film without consent, they're taking away your control over your own image, and where and how it is used. The other bottom line is that people who appear in films have a fundamental right to be paid for their work.

    And I would feel the same way if this guy did this in Downtown LA, Knotts Berry Farm, the Getty or any other place. For me it's about the fact that he filmed people without their consent for a commercial venture. Not that he went up against the Mouse.
    Last edited by Malina; 09-27-2013 at 11:01 PM.
    Merida looks like this. Not a Barbie doll!

  7. #67

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    Re: Escpae from Tomorrow

    Quote Originally Posted by jsmith11618 View Post
    Barring any legal action that stops the release, its due to be released in theatre's VOD, Itunes on October 11th.

    Per the official website: ESCAPE FROM TOMORROW | OFFICIAL SITE | In Theaters, VOD + iTunes October 11
    Yep.

    That site contains a fairly long list of theaters in the USA and Canada who are getting the film. ESCAPE FROM TOMORROW | OFFICIAL SITE | SHOWTIMES

    And the film's distributor, PDA, might look like a newbie, but it is a branch of Cinetic Media, which has distributed over 100 movies.

    PDA - Cinetic Media
    Producers Distribution Agency (PDA) [us]
    Merida looks like this. Not a Barbie doll!

  8. #68

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    Re: Escpae from Tomorrow

    Quote Originally Posted by WoC 95 View Post
    I just realized I spelled Escape wrong
    Quote Originally Posted by BogLurch View Post
    I just figured you were using an approximation of the Dory pronunciation. "EsssCAPAY"

    When I first saw the title of this topic I was wondering whether this would be something about an attempt to "move" ("Escpae) the Finding Nemo from Tomorrowland over to Fantasyland, or whether this was about Disney's possible future movie inspired by Tomorrowland.

    After watching the preview in the first post, my thoughts were this is either a bad joke, or a piece of craPAE (pronounced "Craw-PAY" , not to be confused with a Crappie, which is entirely different, uhm, kettle of fish )
    Last edited by Aladdin; 09-27-2013 at 11:36 PM. Reason: to add link for crappie fishing, to explain that it really is a kind of type of fish

  9. #69

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    Re: Escpae from Tomorrow

    You know what I find is even better than rewording and repeating the same discussion point over and over regardless of how many times a lucid response is offered?

    Sticking your fingers in your ears and yelling LA LA LA LA LA LA LA LA LA LA.

  10. #70

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    Re: Escpae from Tomorrow

    Quote Originally Posted by Malina View Post
    One more time...Fair Use does NOT APPLY to people. It applies to copyrighted material. The Castle? Mickey? Fair use. Aunt Sally and Uncle Bob from Idaho? No.
    Yep, which is why I offered a different rationale for the shooting of people. I never said Fair Use applied to people.

    Quote Originally Posted by Malina View Post
    And actually, the journalistic rationale isn't flimsy at all. The reason there's a difference is because of the First Amendment. The news media has the right to report the news. Taking photos and video are part of that. If they were restricted it would impede the fair and open reporting of events. That's where it comes from. Even there, though, there are limits in respect to privacy of non-public individuals - for instance the new California law which restricts the paparazzi's ability to photograph children of celebrities, regardless if they are out in public.

    Context is incredibly important. Do you really think that if someone put your face in a news clip versus an adult film, for instance, it wouldn't make a difference to you?

    The bottom line is that your likeness is yours. When someone uses your image in a film without consent, they're taking away your control over your own image, and where and how it is used. The other bottom line is that people who appear in films have a fundamental right to be paid for their work.

    And I would feel the same way if this guy did this in Downtown LA, Knotts Berry Farm, the Getty or any other place. For me it's about the fact that he filmed people without their consent for a commercial venture. Not that he went up against the Mouse.
    This is interesting, because you've never seen the film, so you don't know what context the crowds are used in. For all we know, everyone's face is blurred out, or will be in post-production.

    Furthermore, your likenesses your likeness, yes, but what difference does it make in a movie or in a news story? You think the news doesn't profit from segments that show people in them? If you don't want your face out there, it shouldn't matter what it's used for.

    But like I said, you don't even know people are featured in it. You're assuming.

  11. #71

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    Re: Escpae from Tomorrow

    Quote Originally Posted by TylerDurden View Post
    Yep, which is why I offered a different rationale for the shooting of people. I never said Fair Use applied to people.



    This is interesting, because you've never seen the film, so you don't know what context the crowds are used in. For all we know, everyone's face is blurred out, or will be in post-production.

    Furthermore, your likenesses your likeness, yes, but what difference does it make in a movie or in a news story? You think the news doesn't profit from segments that show people in them? If you don't want your face out there, it shouldn't matter what it's used for.

    But like I said, you don't even know people are featured in it. You're assuming.
    Concerning all of the above:

    It doesn't have any effect on me (even if I were captured in the film).

    It's Disney's issue and if THEY want to do something about it, they will. If they DON'T want to do anything about it, that's up to them.

    If the film gets released without challenge, then people can decide for themselves if the film is worth all the hype. If it doesn't get released and/or is challenged legally, then they've learned a lesson.

    I will assume that somehow, some way, one way or the other the film will be able to be viewed by interested public (while Song of the South has been blocked by Disney, it IS still available to be seen by those who really want to see it).

    Outside of that, can't think of anything else to say.

  12. #72

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    Re: Escpae from Tomorrow

    Actually, it looks as if the unknowing background folk have a blur. So, no problem.

  13. #73

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    Re: Escpae from Tomorrow

    A great many armchair attorneys in this thread. Fun read.
    ~ Erik








  14. #74

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    Re: Escpae from Tomorrow

    Quote Originally Posted by TylerDurden View Post
    Furthermore, your likenesses your likeness, yes, but what difference does it make in a movie or in a news story? You think the news doesn't profit from segments that show people in them? If you don't want your face out there, it shouldn't matter what it's used for.

    But like I said, you don't even know people are featured in it. You're assuming.
    I'm not assuming anything - I've read the news stories on the movie. He's made it clear that he has background that was not contracted for the film, and there have been reports of several scenes where guests' faces are clearly shown - such as one where one of the actors goes through a crowd and grabs at people at random to see if he can find his daughter. The context IS clear: it's a fictional story made for commercial purposes that was made on the backs of people who didn't even realize they were being used.

    In addition, we've given you several reasons why context matters. I'll use the analogy again. If someone puts your face in an adult film or a very racist or homophobic one, would you shrug and say "ah, it's just the same as having my face on Micechat. It doesn't matter?" I don't know you personally, but I doubt you would be indifferent about that. Context does matter.

    In addition, news makes its money from advertisers, not from images of background individuals. You'll also notice that a lot of the time, news media is careful to show people from the neck down when they're doing pickup shots, so they're consciously trying to avoid using people's images if they don't absolutely have to do so. This film is making its money on the strength of the environment portrayed in the story, and that includes the unwitting extras.
    Merida looks like this. Not a Barbie doll!

  15. #75

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    Re: Escpae from Tomorrow

    Quote Originally Posted by Darkwingdolt View Post
    Actually, it looks as if the unknowing background folk have a blur. So, no problem.
    If they're really blurred now, that's great. However I have read many things to the contrary, especially about the scene mentioned above. We will see.

    Quote Originally Posted by Erik Olson View Post
    A great many armchair attorneys in this thread. Fun read.
    Without outing anyone, some of the people on this thread are actual attorneys and some of them are people who have worked with films/copyright issues enough to know what they're talking about...
    Merida looks like this. Not a Barbie doll!

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