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Mouse77e
08-30-2006, 03:47 AM
Legal Copyright issues. © Mouse 2006.
Dear All,
Have any of you on the Forum got any experience of copyright issues as they apply to web sites?
The reason I ask is that my site is gradually going live as we speak and I think I understand where I stand but I have a couple of concerns that may affect other community driven sites.
As well as the usual disclaimers I am adding a copyright disclaimer, the reason being that the site is aimed at a group of people who work or have worked for Corporate America, hence the slight nagging worry…
So I’m adding the following text available from every page on the site which I “think” should cover most things, but am I right?
“Important copyright, use, and ownership notes:
All Disney names, characters, trademarks, images, parks, and attractions noted at this website are owned by the Walt Disney Company. They are used and/or referred to at this website for the sole purpose of encouraging others to visit and enjoy the Haunted Mansion, Tower of Terror, and other attractions at the Disney parks.
Our use of these proprietary images, names, scripts, etc. does NOT grant or imply that you can copy, use, or distribute them freely. They remain the property of the Walt Disney Company. Contact them for necessary permissions.
The graphics and text that appear on these pages that are not Disney-owned, are the property of their respective authors. You may not copy them, either, unless so stated on the page(s) where they are featured.
If you have any questions about copying material from this site, contact the webmaster.
If you have questions about the Disney Resorts, or any Disney-related topic, contact the kind folks at Disney, directly. My links page will take you to Disney-owned websites filled with great information about this fabulous company, the many Disney parks, and their wonderful attractions. ”
I must point out that I dearly loved my time working for the Mouse and wouldn’t wish to do anything inflammatory or legally dubious, I would far rather have them as a friend than a foe.
If anyone has any input on this matter I would ask you to drop me a line…
Many thanks
Mouse.
Hi, Mouse -
We have a disclaimer here: http://kdla.ky.gov/information/copyright.htm
It says about the same thing as yours. One thing you might add is something saying you've received permission, and that the permission is granted solely to you, not for others visiting the site and wanting to download items.
Copyright, these days, is implied; so, really you don't need disclaimers, but it's always good to have them on hand in case someone asks or plays dumb, once caught.
Unfortunately, most people don't care or know about online copyright, and copy things anyway -- especially Disney-related stuff. However, Disney is notorious for pursuing possible copyright infringement, even small-scale organizations. We had a library in the state download some Disney images, then use them as patterns for a wall mural. The library posted a picture of the finished room on their website, and Disney actually found out about it and took legal action: that's how stringent they are about protecting their stuff.
KDLA
However, Disney is notorious for pursuing possible copyright infringement, even small-scale organizations. We had a library in the state download some Disney images, then use them as patterns for a wall mural. The library posted a picture of the finished room on their website, and Disney actually found out about it and took legal action: that's how stringent they are about protecting their stuff.
I can attest to that. Down in Ft. Lauderdale they went after a daycare center because one of the teachers had painted Disney characters on the wall. The center only had a small number of children. They did win and the center had to repaint the entire place.
Unless you have permission, you will be in direct violation of copyright law, no matter what you post on the site.
Mouse77e
08-30-2006, 12:00 PM
I can attest to that. Down in Ft. Lauderdale they went after a daycare center because one of the teachers had painted Disney characters on the wall. The center only had a small number of children. They did win and the center had to repaint the entire place.
Unless you have permission, you will be in direct violation of copyright law, no matter what you post on the site.
As i said better to have them as a friend not an enemy... ho hum.... Plan B, anyone up for a "BobTyres" :eek: reunion site?
Reli4nt
08-31-2006, 12:10 AM
It's worth investing in a lawyer fi you're concerned.
Mouse77e
08-31-2006, 04:54 AM
It's worth investing in a lawyer fi you're concerned.
i've asked two, neither can agree with the other... hmmmmm what does that tell you? lol
Mouse :cool:
If you have a university in your area, see if they have a law professor that teaches courses on digital content, or find out if the school has legal counsel that monitors their distance learning and/or technology courses. Most times, these are the people who will be up-to-date on online copyright practices.
KDLA
Why not contact them directly? There is a guy down here who does a regular podcast about Disney (he has thousands of listeners) and Disney wholeheartedly embraces him, and he doesn't work for Disney. He just started it because he likes Disney too. He doesn't use their graphics, that's true but, who knows?
Many companies allow podcasts -- it's a form of free advertisement, and the best type: word of mouth. We have several audiobook and graphic novel companies that actually send us stuff to review over the internet. However, these same companies do not allow us to use any images associated with the works. When they do, they select them; they're usually microscopic images of the cover art.
Sometimes it's all in who you get, when you contact the organization. I had dealings with the company in question when I worked for another division. The person I got was less than pleasant or flexible; they wanted to charge me for usage.
KDLA
Good point, KDLA. I thought about that after I posted the message.
(Just an aside, I'm not sure if others are aware of it but most of the changes in the copyright laws regarding extensions of rights are due to Disney and its affiliates wanting to maintain control over their images. Mickey was ready to run out here and they would have lost all exclusive rights to it. That's how protective they are.)
Mouse77e
08-31-2006, 05:53 PM
Why not contact them directly? There is a guy down here who does a regular podcast about Disney (he has thousands of listeners) and Disney wholeheartedly embraces him, and he doesn't work for Disney. He just started it because he likes Disney too. He doesn't use their graphics, that's true but, who knows?
you got a URL for this guy? i'd like to listen in...
As for contacting Disney Legal, well easyer said than done. i used to work for the Mouse and I wouldn't know where to start... as for the images. well i have deliberatly kept them to a minimum, 95% of the images are my own, and the rest have a (C) Disney on them but i feel those are "fair use" but if anyone does have Mickey's lawyer's email i'd like to drop them a line...
Mouse
tracknut
08-31-2006, 07:21 PM
There is just a bit of irony in someone using images without permission, asking about how to write a copyright for those very images.
Given Disney's typical position, my guess is they're not going to grant you rights to use the images, but better to ask now than receive threats once you go live with it. There is some contact information at http://disney.go.com/corporate/privacy/terms.html?ppLink=pp_wdig on their copyright protection - I don't know if that site is *the* Disney site or not.
Good luck!
Dave
you got a URL for this guy? i'd like to listen in...
As for contacting Disney Legal, well easyer said than done. i used to work for the Mouse and I wouldn't know where to start... as for the images. well i have deliberatly kept them to a minimum, 95% of the images are my own, and the rest have a (C) Disney on them but i feel those are "fair use" but if anyone does have Mickey's lawyer's email i'd like to drop them a line...
Mouse
I wasn't aware, from your post, that you were using them without permission.
Tracknut is right: it's strange to have a disclaimer protecting images when your usage is without permission. :eek: :D
I don't know if you know this, but if you've downloaded them straight from their site, you've probably downloaded some encryption, too, which will alert them to your usage. I read somewhere that the Disney company was one of the pioneers of image encryption.
you got a URL for this guy? i'd like to listen in...
but i feel those are "fair use" but if anyone does have Mickey's lawyer's email i'd like to drop them a line...
I believe this (http://www.distantcreations.com/insidethemagic/) is the guy.
As to "fair use", you really need to check into that:
"In its most general sense, a fair use is any copying of copyrighted material done for a limited and "transformative" purpose such as to comment upon, criticize or parody a copyrighted work. Such uses can be done without permission from the copyright owner. Another way of putting this is that fair use is a defense against infringement. If your use qualifies under the definition above, and as defined more specifically later in this chapter, then your use would not be considered an illegal infringement." http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-a.html
Mouse77e
09-01-2006, 01:38 PM
I wasn't aware, from your post, that you were using them without permission.
Tracknut is right: it's strange to have a disclaimer protecting images when your usage is without permission. :eek: :D
I don't know if you know this, but if you've downloaded them straight from their site, you've probably downloaded some encryption, too, which will alert them to your usage. I read somewhere that the Disney company was one of the pioneers of image encryption.
you'll be happy to know that NONE of the images on my site come from a WDC source. 95% are my own work, any images that i do not "own" do/will very soon have a disney(C) message on them.
in fact images were not my main concern, it was more the proper names and the like. but thank you for the concern.
i am trying to contact the disney legal guys to get them on side
Mouse
I just wanted to warn you -- I've had consulations with many clients who have downloaded them from the source. Thankfully, they took them down before they were caught. :)
KDLA
Mouse77e
09-02-2006, 02:37 AM
Thanks KDLA. that i am aiming for is an indipendant Disney site, what some may call a fan site. hence why i have no Red, black and yellow "Mickey" colours etc. nothing that might say "official" Disney, this is backed up by the basic disclaimer on the home page and the complimentary full disclaimer page... so hopfully i won't annoy the good folks in Burbank too much.
many thanks for your input!!
always a pleasure
Mouse