Disney have stolen my artwork • Hacker News Board

Re: Disney have stolen my artwork

#21

Post by xsmasher » Mon, Apr 08, 2013, 7:13 PM UTC

potatolicious wrote: post #7

xsmasher wrote: post #4

The cosmetics bag looks like a straightforward copyright violation. The second example, where no artwork was copied but there may have been some influence, is more complicated. How do you prove the inspiration came from the "stolen" art, and not Disney's own film or the original story? http://www.cornel1801.com/disney/Alice-Wonderland-Painting-R...

> "How do you prove the inspiration came from the "stolen" art, and not Disney's own film or the original story?" And even if you did prove it, is it illegal, and should it be illegal? All art is a derivation of something that came before it. Can someone reasonably claim ownership to "girl painting roses with paint brush as viewed from behind"?

The entire idea? No.

But under US law, someone can claim ownership to derivative works.

I think we agree that the artist has an uphill battle proving that the second drawing is a derivative work.

Re: Disney have stolen my artwork

#22

Post by weareconvo » Mon, Apr 08, 2013, 7:14 PM UTC

potatolicious wrote: post #7

xsmasher wrote: post #4

The cosmetics bag looks like a straightforward copyright violation. The second example, where no artwork was copied but there may have been some influence, is more complicated. How do you prove the inspiration came from the "stolen" art, and not Disney's own film or the original story? http://www.cornel1801.com/disney/Alice-Wonderland-Painting-R...

> "How do you prove the inspiration came from the "stolen" art, and not Disney's own film or the original story?" And even if you did prove it, is it illegal, and should it be illegal? All art is a derivation of something that came before it. Can someone reasonably claim ownership to "girl painting roses with paint brush as viewed from behind"?

And didn't she, in turn, steal the idea of Alice from Lewis Carroll?

Re: Disney have stolen my artwork

#23

Post by enraged_camel » Mon, Apr 08, 2013, 7:14 PM UTC

mieubrisse wrote: post #12

While I sympathize with the author and wish her the best, I don't really see how this article belongs on HN.

The 'flag' function exists for a reason.

Re: Disney have stolen my artwork

#24

Post by yaddayadda » Mon, Apr 08, 2013, 7:18 PM UTC

"...I created at University and I was proud of it in many ways.

Disney have used it..."

If she passed any English classes or graduated from the mentioned university, then she deserves a tuition refund.

Re: Disney have stolen my artwork

#25

Post by laumars » Mon, Apr 08, 2013, 7:18 PM UTC

Given Disney made their fortune from reselling public domain stories then suing anyone who infringed on their IP, this story comes as no surprise. Though that doesn't stop me feeling wound up that they consider themselves above the law, and sorry for the injustice against the author.

Re: Disney have stolen my artwork

#26

Post by xsmasher » Mon, Apr 08, 2013, 7:18 PM UTC

weareconvo wrote: post #22

potatolicious wrote: post #7

Earlier quoted context omitted.

> "How do you prove the inspiration came from the "stolen" art, and not Disney's own film or the original story?" And even if you did prove it, is it illegal, and should it be illegal? All art is a derivation of something that came before it. Can someone reasonably claim ownership to "girl painting roses with paint brush as viewed from behind"?

And didn't she, in turn, steal the idea of Alice from Lewis Carroll?

The Alice stories are long out of copyright, So you're comparing apples to oranges.

Re: Disney have stolen my artwork

#27

Post by dangrossman » Mon, Apr 08, 2013, 7:18 PM UTC

enraged_camel wrote: post #23

mieubrisse wrote: post #12

While I sympathize with the author and wish her the best, I don't really see how this article belongs on HN.

The 'flag' function exists for a reason.

If you flag articles like this, you'll soon lose the flagging privilege on your account. Submissions which aren't spammy/low quality, but which you simply aren't interested in, are supposed to be ignored, not flagged.

Re: Disney have stolen my artwork

#28

Post by swalsh » Mon, Apr 08, 2013, 7:18 PM UTC

xsmasher wrote: post #4

The cosmetics bag looks like a straightforward copyright violation. The second example, where no artwork was copied but there may have been some influence, is more complicated. How do you prove the inspiration came from the "stolen" art, and not Disney's own film or the original story? http://www.cornel1801.com/disney/Alice-Wonderland-Painting-R...

If the "painting" idea is stolen, then it would seem the "Alice" idea is stolen as well.

The bag though, that is straight up theft.

Re: Disney have stolen my artwork

#29

Post by jamesaguilar » Mon, Apr 08, 2013, 7:19 PM UTC

cjbprime wrote: post #6

> I’m so mad because I have no chance at getting Disney to do anything about it. For such a straightforward violation, I don't see why there's any call for pessimism. Send them an invoice for a worldwide license, follow it up with a lawyer letter (find someone willing to do no-win-no-fee if you want) once the invoice is overdue.

I wonder how one prices out a worldwide license like this. Obviously if she put the prices at $1000/use, neither would Disney pay it nor would she recover that much from a court. But it's worth more than $0.01/use as well.

Re: Disney have stolen my artwork

#30

Post by jerf » Mon, Apr 08, 2013, 7:20 PM UTC

weareconvo wrote: post #22

potatolicious wrote: post #7

Earlier quoted context omitted.

> "How do you prove the inspiration came from the "stolen" art, and not Disney's own film or the original story?" And even if you did prove it, is it illegal, and should it be illegal? All art is a derivation of something that came before it. Can someone reasonably claim ownership to "girl painting roses with paint brush as viewed from behind"?

And didn't she, in turn, steal the idea of Alice from Lewis Carroll?

Doesn't matter; all works of Lewis Carroll's are in the public domain. As far as I know, this is true in all jurisdictions. The traditional Tennyson illustrations are also public domain. Compare with https://www.google.com/search?q=tennyson+illustrations+alice... .