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Disney Copyrights

Nicholas Rozenstrauch
Registered User
Join date: 13 Jun 2008
Posts: 4
07-22-2008 16:57
Hello all,

I hope everyone is well! I couldn't figure out which forum to put this in so I thought, might as well put it here. I am opening a RP Sim- and want to base it in some way to Disney. Now, I don't mean that'd be canon Disney- only loosely based on the characters and their worlds and personalities. Participants would either play a character or someone based on a character. I have been trying to look it up but it's a little annoying doing so. What exactly are the Disney copyright rules? What could I get away with in my roleplay without getting in trouble with Disney? We are not doing it for profit and obviously not intending to hurt Disney or anything of that like. You can IM me on SL if you wish if you have information on this. I await replies :)

thank you!
Amaranthim Talon
Voyager, Seeker, Curious
Join date: 14 Nov 2006
Posts: 12,032
07-22-2008 17:02
Seriously would not want to screw with Disney - honest. Contact them directly and hope for a response. they have been known to go after mom and pop kid day care places 'cause they painted mini and mickey on the walls- I am in Florida- I really recommend you either change your concept or get permission. Clue- you will NOT get permission...
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Bree Giffen
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Join date: 22 Jun 2006
Posts: 2,715
07-22-2008 17:14
Disney has made a lot of movies based on stories in the public domain. Cinderella, Snow White, Beauty and the Beast, Little Mermaid, Alladin, Mulan, to name a few are all public domain. While you can't copy Disney's specific version you can certainly make your own.
Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
07-22-2008 17:24
Basically..

With Disney you can't copy _anything_ that Disney did, but you can copy the ideas and characters from the stories they used that were public domain. If you want to do that, it's a good idea to actually find the stories - many of them are now online - to confirm what you can and can't use.

For example, you can use the character Snow White, but you can't make her look like she did in the Disney film (that's Disney's own version) and you can't give your dwarves names (Disney added those).

As mentioned above you have basically no hope of getting permission from Disney to use any of their material. So, make a fairytale sim rather than a Disney one. :)
Avacea Fasching
Certified
Join date: 23 Dec 2005
Posts: 481
07-22-2008 17:26
It also depends on how loosely, I dint know if Vinnie the poo. tigre the leaping leopard or Ricky rat would would be considered infringement. i think wording would have to be important and the characters would definitely need to be clearly different in some appearances.

you could ask to license the name and characters, but i am sure that would be very expensive.

(Several years ago I wanted to market Adult sized underoo,
Fruit of the loon said yes, yes you can, we would love to have a distributor!!!
the terms, $100,000 per year license fee,
and they would manufacture and I would need to purchase $150,000 up front and that would also be my yearly minimum of required purchases to continue the contract)


you could also propose they create a presents in world with you as a consultant. they have quite a team so i dint think that would float, and it would need to be a solicited request, and you would need to get paid a real salary or fee.
it never hurt to try.
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Desmond Shang
Guvnah of Caledon
Join date: 14 Mar 2005
Posts: 5,250
07-22-2008 17:50
Basically you would be at the mercy of retained legal counsel, who literally look for any excuse to bill hours, and justify their high annual cost to their employers.

It's sort of like putting steak in front of a vicious dog.

Some companies might see some PR value to letting you do it; others might see you as a huge liability (evidence they didn't defend trademarks, i.e. knowingly tossed their valuable IP into the public domain).

But not many companies are going to duct tape their legal teams to the conference room chairs and let you play.
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Dnali Anabuki
Still Crazy
Join date: 17 Oct 2006
Posts: 1,633
07-22-2008 17:54
You might find this interesting:

http://www.youtube.com/watch?v=CJn_jC4FNDo


It is about copyright and uses Disney in an interesting way.

My understanding is that Disney is a bulldog about copyright; I wouldn't mess with them without getting permissions.
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Wildefire Walcott
Heartbreaking
Join date: 8 Nov 2005
Posts: 2,156
07-22-2008 17:57
Ah so that's why they never got back to us about our idea for a Pinocchio telescoping "marital aid." :(
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Atom Burma
Registered User
Join date: 30 May 2006
Posts: 685
07-22-2008 18:02
As somebody said, most of the classics are based on what is now public domain. Even Alice in Wonderland is public as well. I am making an Alice inspired work at my sim. You can get lists of books that are public on many sites. I plan on making more rides that use some stories Disney used in the future as well. Avoid any wording they used in the movies, and direct copies of their likenesses and you will be fine. Honestly if you read the sources you will find the original stories are far better. Disney really played them up to no end in the movie versions. I would just make a fairytale sim if I were you. Make your own take on the stories.

As for the mom & pop. There was a 7 dwarfes mural on a wall in the city I lived in, for about 4 months. It was demanded to be taken down. Now I live on the east coast of Canada in what barely constitutes a city, based solely on population. So I wouldn't ^%$#* with Disney either. Not an entire theme park, they may at some point make their own, it would not be totally unheard of.
Yumi Murakami
DoIt!AttachTheEarOfACat!
Join date: 27 Sep 2005
Posts: 6,860
07-22-2008 18:07
Winner the Poo and Tigger the leaping tiger are A. A. Milne's characters. They are copyrighted by the Pooh Properties Trust, not Disney.
Brenda Connolly
Un United Avatar
Join date: 10 Jan 2007
Posts: 25,000
07-22-2008 18:16
This is what the Wiki says about who owns Pooh:

http://en.wikipedia.org/wiki/Winnie_the_Pooh

From: someone
Pooh videos, teddy bears, and other merchandise generate substantial annual revenues for Disney. The size of Pooh stuffed toys ranges from Beanie and miniature to human-sized. In addition to the stylized Disney Pooh, Disney markets Classic Pooh merchandise which more closely resembles E.H. Shepard’s illustrations. It is estimated that Winnie the Pooh features and merchandise generate as much revenue as Mickey Mouse, Minnie Mouse, Donald Duck, Goofy, and Pluto combined.[7]

In 1991, Stephen Slesinger, Inc. filed a lawsuit against Disney which alleged that Disney had breached their 1983 agreement by again failing to accurately report revenue from Winnie the Pooh sales. Under this agreement, Disney was to retain approximately 98% of gross worldwide revenues while the remaining 2% was to be paid to Slesinger. In addition, the suit alleged that Disney had failed to pay required royalties on all commercial exploitation of the product name.[8] Though the Disney corporation was sanctioned by a judge for destroying millions of pages of evidence,[9] the suit was later terminated by another judge when it was discovered that Slesinger's investigator had rummaged through Disney's garbage in order to retrieve the discarded evidence.[10] Slesinger appealed the termination, and on September 26, 2007, a three-judge panel upheld the lawsuit dismissal.[11]

After the Sonny Bono Copyright Term Extension Act of 1998, Clare Milne, Christopher Milne's daughter, attempted to terminate any future U.S. copyrights for Stephen Slesinger, Inc.[12] After a series of legal hearings, Judge Florence-Marie Cooper of the United States District Court for the Central District of California found in favor of Stephen Slesinger, Inc., as did the United States Court of Appeals for the Ninth Circuit. On June 26, 2006, the U.S. Supreme Court refused to hear the case, sustaining the ruling and ensuring the defeat of the suit.[13]

On February 19, 2007, it was reported Disney lost a court case in Los Angeles which ruled their "misguided claims" to dispute the licensing agreements with Slesinger, Inc. were unjustified.[14]

In doing so, the claims by Slesinger, Inc. can now be tackled without any argument over who owns the rights. Though the ruling was downplayed by a Disney attorney, the outcome of the case could affect Disney's revenue, since Pooh-related merchandise has been reported to bring the Walt Disney Company approximately 1 billion dollars a year.[15]
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Desmond Shang
Guvnah of Caledon
Join date: 14 Mar 2005
Posts: 5,250
07-22-2008 18:18
I was helping someone change their region terrain once (I do that sorta thing) and they wanted a few tweaks to the terrain they already had.

So I ask them to email me the .raw file, and I broke it out in Photoshop to add some hills and things.

Once it's opened, I'm modifying away on the terrain layer when I happen to see the bake layer. In full, region-sized glory: the Disney logo written diagonally.

Not kidding in the least!

Now, I have NO idea why it was there; the person I was helping wasn't Disney at all, and didn't do .rawfiles. I'm guessing it was a secondhand region, and nobody bothered to do a terrain bake.

So I grabbed their handmade terrain edits to another file, modified away, and sent it back purged of the logo.

Anyone have any idea if any Disney anything was ever on the grid? Movie promo, test, anything? I've often wondered where that logo came from, and what it was doing there on the bake layer of a clueless friend's region.
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Dekka Raymaker
thinking very hard
Join date: 4 Feb 2007
Posts: 3,898
07-22-2008 18:19
it's Winnie the Pooh
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Tali Rosca
Plywood Whisperer
Join date: 6 Feb 2007
Posts: 767
07-22-2008 18:30
Disney is generally fairly rabid about their copyrights, and they have been known to clamp down on various text-based multi-user RPGs (MUCKs, MUSHes and whatever the acronyms are).
Names and characters are certainly off-limits, and I wouldn't put it past them to go after a more generically named setting with a Disney feel, like, say, the Pridelands.

Word on the Web is: Steer clear of Disney. They come down hard, also on non-profit small-timers.
Kalderi Tomsen
Nomad Extraordinaire!
Join date: 10 May 2007
Posts: 888
07-22-2008 18:54
To make this more general, I would be VERY careful of bringing anything that anyone could claim a copyright to in-world, especially if that company has teams of lawyers that might come after you - you just don't need the hassle.

I don't think it's just Disney, either - the more popular SL becomes, the more visible it is, which means that it starts appearing on the radar of these intellectual property lawyers.

Take the risk if you want, but you could just lose it all in one simple take-down notice....
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Amity Slade
Registered User
Join date: 14 Feb 2007
Posts: 2,183
07-22-2008 18:57
Lest you think you might operate on too small of a scale to warrant notice by Disney, read this article:

"Disney sues couple on public assistance" - http://www.upi.com/Business_News/2008/07/10/Disney_sues_couple_on_public_assistance/UPI-46861215720594/
Wildefire Walcott
Heartbreaking
Join date: 8 Nov 2005
Posts: 2,156
07-22-2008 19:01
It's too bad, too. I would actually love to see a Disney-themed group of sims. Disney actually had a free "virtual theme park" for a while but recently shut it down.
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Brenda Connolly
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Join date: 10 Jan 2007
Posts: 25,000
07-22-2008 19:07
From: Wildefire Walcott
It's too bad, too. I would actually love to see a Disney-themed group of sims. Disney actually had a free "virtual theme park" for a while but recently shut it down.

I have a feeling SL will be nothing but one big Disney Theme Park...a lot sooner than most of us would like
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Nimue Jewell
Unabashedly Leggy
Join date: 20 Mar 2007
Posts: 1,745
07-22-2008 19:27
Funny this came up. I was just thinking about this issue (Disney and copyright in SL) while looking at the current top selling item on Slex. I keep thinking it will go poof one day soon.

(Maybe they should have called it Johnny 5. :p )
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Marianne McCann
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Join date: 23 Feb 2006
Posts: 7,145
07-22-2008 19:41
As many have said for years, "Don't mess with the mouse."
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Namssor Daguerre
Imitates life
Join date: 18 Feb 2004
Posts: 1,423
07-22-2008 20:22
Shrek, from DreamWorks (Disney's competitor) borrows similar looks and feels and a few public domain characters that Disney has also used. That film might be a good measure for what appears to be acceptable to use Disney-like content.
Chosen Few
Alpha Channel Slave
Join date: 16 Jan 2004
Posts: 7,496
07-22-2008 21:57
I'd sooner cross the mob than cross Disney. You don't want to mess with them.

As others have suggested already, if you want to do a fairy tale sim, that's great. Just don't use any of Disney's material. Don't make any of your characters look like theirs, don't use any story details that they invented, etc. Read the real tales so you know what's what. You'd be surprised just how different they all are from Disney's "white bread" retellings.

You could probably do a good service for the world, in fact, if you were to make a point of highlighting the differences.
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Gordon Wendt
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Join date: 10 May 2006
Posts: 1,024
07-22-2008 22:32
From: Chosen Few
I'd sooner cross the mob than cross Disney. You don't want to mess with them.

As others have suggested already, if you want to do a fairy tale sim, that's great. Just don't use any of Disney's material. Don't make any of your characters look like theirs, don't use any story details that they invented, etc. Read the real tales so you know what's what. You'd be surprised just how different they all are from Disney's "white bread" retellings.

You could probably do a good service for the world, in fact, if you were to make a point of highlighting the differences.


Don Mickey's never forgets if you cross him, you'll end up sleeping with the fishes.
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Tod69 Talamasca
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Join date: 20 Sep 2005
Posts: 4,107
07-23-2008 02:55
From: Gordon Wendt
Don Mickey's never forgets if you cross him, you'll end up sleeping with the fishes.


And they forever sing "under the sea" :D

I, for one, avoid anything "disney".
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Tali Rosca
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Join date: 6 Feb 2007
Posts: 767
07-23-2008 03:01
From: Kalderi Tomsen
To make this more general, I would be VERY careful of bringing anything that anyone could claim a copyright to in-world, especially if that company has teams of lawyers that might come after you - you just don't need the hassle.

I don't think it's just Disney, either - the more popular SL becomes, the more visible it is, which means that it starts appearing on the radar of these intellectual property lawyers.

Take the risk if you want, but you could just lose it all in one simple take-down notice....

Other companies have been known to be more lenient with fan efforts, though, seeing it more as support rather than infringement. But it *is* skirting the edge in any case.
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