Disney have stolen my artwork • Hacker News Board

Re: Disney have stolen my artwork

#71

Post by DanBC » Mon, Apr 08, 2013, 7:54 PM UTC

mieubrisse wrote: post #31

enraged_camel wrote: post #23

Earlier quoted context omitted.

The 'flag' function exists for a reason.

I was under the impression that the 'flag' feature is for content that is grossly inappropriate (e.g. a Reddit-esque asinine post), not for posts whose content I believe doesn't fit?

From the Guidelines:

> Please don't submit comments complaining that a submission is inappropriate for the site. If you think something is spam or offtopic, flag it by going to its page and clicking on the "flag" link. (Not all users will see this; there is a karma threshold.) If you flag something, please don't also comment that you did.

Re: Disney have stolen my artwork

#72

Post by jcl » Mon, Apr 08, 2013, 7:55 PM UTC

urbanturbanguy wrote: post #59

Would like to know from someone more knowledgeble about copyrights: Wouldn't Disney claim a copyright on the Snow-white character itself?

It's Alice in Wonderland, which was written in 1865, so it's in the public domain. The artist's illustration is inspired by the original Tenniel illustrations, so it's not a derivative of the 1951 Disney adaptation.

Re: Disney have stolen my artwork

#73

Post by GuiA » Mon, Apr 08, 2013, 7:56 PM UTC

leephillips wrote: post #62

So far "the internet" seems to be on this artist's side, apparently because her work was stolen by a corporation. Recent history suggests, however, that if Andy Baio[0] or Shepard Fairey[1] had ripped her off, she would be excoriated for asserting her rights and lectured about the wonders of remix culture. [0] http://lee-phillips.org/music/whoIsTheDick/ [1] http://articles.latimes.com/2012/sep/08/entertainment/la-et-…

Well, while Alice from "Alice in Wonderland" is now a "public domain" character, the depiction of her with a blue dress, white belt, and blonde hair with a black bow in it was very much created by Disney.

In this case, the artist herself is remixing a visual design elaborated by Disney.

So, yeah. It's murky, and the remix argument goes both ways.

Re: Disney have stolen my artwork

#74

Post by sk5t » Mon, Apr 08, 2013, 7:57 PM UTC

cjbprime wrote: post #45

jamesaguilar wrote: post #29

Earlier quoted context omitted.

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.

It's not my field, but by "worldwide license" I meant a single lump sum that covers everything they might want to do or already have done -- i.e. "this is the amount that you can pay to make this go away and avoid bringing in your expensive legal team". My naive guess would be that somewhere USD $5k-$10k is that amount: small enough to be within budgetary authority, large enough to make it worth the artist's time to…

IMHO this looks like a substantial infringement, and $5-10K is peanuts. The signing authority of a middle manager would not factor into a settlement demand whatsoever, if it were me.

Re: Disney have stolen my artwork

#75

Post by jrajav » Mon, Apr 08, 2013, 7:58 PM UTC

leephillips wrote: post #62

So far "the internet" seems to be on this artist's side, apparently because her work was stolen by a corporation. Recent history suggests, however, that if Andy Baio[0] or Shepard Fairey[1] had ripped her off, she would be excoriated for asserting her rights and lectured about the wonders of remix culture. [0] http://lee-phillips.org/music/whoIsTheDick/ [1] http://articles.latimes.com/2012/sep/08/entertainment/la-et-…

I don't pretend to know anything about the relevant IP laws, but from a lay perspective I think there's a big difference between taking one piece of art and making a new derivative piece of art from it, and taking the same piece of art and making salable merchandise.

Re: Disney have stolen my artwork

#76

Post by jcl » Mon, Apr 08, 2013, 7:59 PM UTC

spullara wrote: post #65

Wow, this is everywhere. Google Image search: http://bit.ly/14ShFNZ

It's likely a lazy designer did a Google Image search, saw an illustration that looked like the original Alice in Wonderland illustrations by Tenniel, and assumed it was in the public domain.

Re: Disney have stolen my artwork

#77

Post by barking » Mon, Apr 08, 2013, 7:59 PM UTC

If this is all handled positively it could be a win win. Having Disney license your artwork is something most designers would be glad of reputation wise.

I think she needs to lose the angry tone pronto and at least 'appear' more phlegmatic about it.

And there isn't any particular need for panic I'd have thought as it looks like an open and shut case in terms of infringement.

The person who is in deep trouble is whoever knowingly infringed, they could be out the door.

Re: Disney have stolen my artwork

#78

Post by fnordfnordfnord » Mon, Apr 08, 2013, 7:59 PM UTC

leephillips wrote: post #62

So far "the internet" seems to be on this artist's side, apparently because her work was stolen by a corporation. Recent history suggests, however, that if Andy Baio[0] or Shepard Fairey[1] had ripped her off, she would be excoriated for asserting her rights and lectured about the wonders of remix culture. [0] http://lee-phillips.org/music/whoIsTheDick/ [1] http://articles.latimes.com/2012/sep/08/entertainment/la-et-…

So, you think we should all grab our pitchforks and torches and go get her? What are you getting at?

Re: Disney have stolen my artwork

#79

Post by jlgreco » Mon, Apr 08, 2013, 8:00 PM UTC

GuiA wrote: post #73

leephillips wrote: post #62

So far "the internet" seems to be on this artist's side, apparently because her work was stolen by a corporation. Recent history suggests, however, that if Andy Baio[0] or Shepard Fairey[1] had ripped her off, she would be excoriated for asserting her rights and lectured about the wonders of remix culture. [0] http://lee-phillips.org/music/whoIsTheDick/ [1] http://articles.latimes.com/2012/sep/08/entertainment/la-et-…

Well, while Alice from "Alice in Wonderland" is now a "public domain" character, the depiction of her with a blue dress, white belt, and blonde hair with a black bow in it was very much created by Disney. In this case, the artist herself is remixing a visual design elaborated by Disney. So, yeah. It's murky, and the remix argument goes both ways.

Her depiction of Alice seems like more of a potential trademark issue, while Disney lifting the design seems like a clear-cut copyright issue.

Re: Disney have stolen my artwork

#80

Post by yew » Mon, Apr 08, 2013, 8:00 PM UTC

leephillips wrote: post #62

So far "the internet" seems to be on this artist's side, apparently because her work was stolen by a corporation. Recent history suggests, however, that if Andy Baio[0] or Shepard Fairey[1] had ripped her off, she would be excoriated for asserting her rights and lectured about the wonders of remix culture. [0] http://lee-phillips.org/music/whoIsTheDick/ [1] http://articles.latimes.com/2012/sep/08/entertainment/la-et-…

Not seeing how "it would be nice to live in a world without the current incarnation of intellectual property law" is incompatible with "but we don't, so we're going to hold you to the standards you've created". They seem imminently consistent to me.