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Disney have stolen my artwork

katiewoodger.tumblr.com

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Re: Disney have stolen my artwork

#81

Post by engtech »

bhb916 wrote: post #50
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.

Actually, that line turned me off to the whole plight. She clearly has a case, why would her first though be complete hopelessness?

Because Disney essentially IS copyright.

The MPAA is just a publicity shunt so that people don't associate the bad press of the MPAA with the 8 brands that are behind it. [0]

The Copyright Extension Act of 1998 is called Mickey Mouse Protection Act. [1]

The modern BS of copyright lasting 100yrs [2] is caused because of the Disney corporation and the Mickey Mouse brand. Copyright will always be at least ($current_year - 1928) because of the Mickey Mouse brand.

She feels hopeless because the company that wrote modern copyright law is infringing on her copyright.

0: http://en.wikipedia.org/wiki/Motion_Picture_Association_of_A...

1: http://en.wikipedia.org/wiki/Copyright_Term_Extension_Act

2: Graph of US copyright terms from 1790 (30 yrs of copyright) to modern times

http://en.wikipedia.org/wiki/File:Copyright_term.svg

----

I always find the hypocrisy of Disney amazing given that the majority of their IP is a remix of something someone else wrote.

Re: Disney have stolen my artwork

#82

Post by mbetter »

[deleted] wrote: post #70
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"?

[deleted]

Sure, if by "barely modified a tiny little bit" you mean "completely redrawn."

Re: Disney have stolen my artwork

#83

Post by mark-r »

dangrossman wrote: post #8
_chrismccreadie wrote: post #5

Earlier quoted context omitted.

I was under the impression that this would be covered under copyright and not a particular licence. As soon as the artwork was created by the artist it belongs to the artist, they don't even need to put a copyright symbol next to it. My advice would be get in touch with Disney, it seems the artist has support on tumblr already. I suspect a public spectacle of Disney's mistake (assuming it was a mistake) is probably t…

Copyright is the law from which licenses get their power. It's because the author has the exclusive rights granted by copyright protection that they can dictate the terms under which others may use their work (that is, offer licenses). When no license is offered, the author retains exclusive rights. The parent comment was implying that the author may have offered some kind of license (for example, by uploading his ar…

It's also quite possible that someone unauthorized put the picture on a site with a permissive license. That's an easy explanation for how this came about. I really do doubt that Disney or anyone representing them intended to steal this image.

Re: Disney have stolen my artwork

#84

Post by jasonlotito »

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?

That is correct. By that extension, if you are not interested in the content, ignore it. What's actually worse is posting a comment that merely complains about this not being content you think is appropriate.

Re: Disney have stolen my artwork

#85

Post by jlgreco »

yew wrote: post #80
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.

> the standards you've created

And that is particularly applicable since the company in question is Disney.

Re: Disney have stolen my artwork

#86

Post by leephillips »

jrajav wrote: post #75
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.

That might be true, but in both my examples, the copy-and-paste artists were making salable merchandise from the works that they appropriated.

Re: Disney have stolen my artwork

#87

Post by fluidcruft »

bhb916 wrote: post #50
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.

Actually, that line turned me off to the whole plight. She clearly has a case, why would her first though be complete hopelessness?

Should you be excited about being money- and time-whipped?

Re: Disney have stolen my artwork

#88

Post by cromulent »

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.

The similarities are much more than "blue dress, white belt, and blonde hair with a black bow in it".

In any case, Disney did not "very much create" that image. Here's Tenniels from 1866.

http://www.goldmarkart.com/it-can-t-go-straight-you-know-if-...

Blonde hair, white belt, black bow? Looks that way to me. Blue apron? Not very derivative.

Re: Disney have stolen my artwork

#89

Post by scott_s »

mieubrisse wrote: post #66
markdown wrote: post #34

Earlier quoted context omitted.

Goodness me, there's someone like you in every thread.

Given the entirely non-technical nature of the post, it's not an unfair criticism to make. As others have pointed out, there is indeed a group on HN interested in IP (which I don't personally identify with) but who find stuff like this interesting even if it's not technical - I see that now, and that's merely our difference in opinion about what's relevant here. But I'd recommend caution in criticizing that trope jus…

The guidelines ask posters not to do this: "Please don't submit comments complaining that a submission is inappropriate for the site." http://ycombinator.com/newsguidelines.html

Re: Disney have stolen my artwork

#90

Post by mark-r »

davemel37 wrote: post #36

Disney has a reputation for doing everything in their power to deliver exceptional customer service and epic experiences. They even run a company that teaches other companies how to treat customers right. http://disneyinstitute.com/ Personally, I think this is a perfect opportunity for Disney to make a HUGE PR WIN, by apologizing, and paying out a nice and fair royalty without a fight. I would be very disappointed if…

I can vouch for their service. I once lost my rental car keys while at one of the Disneyworld hotels, and I got no help from the rental company aside from the key code. The Disney folks sent one of their locksmiths to help me and he tried about half a day to make a key that would start the car. His dedication and attitude were remarkable.
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