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Disney have stolen my artwork

katiewoodger.tumblr.com

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Re: Disney have stolen my artwork

#144

Post by madaxe »

jconley wrote: post #49
austenallred wrote: post #17

I have worked with Disney's intellectual property teams in the past, and I'm blown away that this slipped under the radar. They are very up-tight about protecting their own IP and the brand of their princesses. If this were somebody selling a T-Shirt on eBay I would say, "Don't worry about it," but this is Disney. They know better. Their entire business model is based on intellectual property. Time to lawyer up.

I have had similar experiences with the Disney IP teams. They mean serious business in all directions, from protecting IP to ensuring they are not infringing. They make sure everyone in the company or affiliated is very aware of IP issues. If the painting is indeed the original work and it somehow found its way onto some merchandise, I'm sure Disney will be amicable.

Amicable like they were over simba the white lion?

Disney rip-off left, right and centre. Yes, they aggressively protect their IP, but that doesn't mean they won't trample all over everyone else's. they have a history of this behaviour.

Re: Disney have stolen my artwork

#146

Post by xbryanx »

I wish Tumblr had some sort of attribution engine that helped hunt down the original sources for images and text posted to its site. I know people would probably object to force attribution being injected into their posts, but there ought to be some easier way to track down original material in this network.

Re: Disney have stolen my artwork

#147

Post by eliekh »

Katie, consult with an IP attorney to see if you have a case in the first place. They may be very costly especially if you're suing Disney! Then, if you want to proceed, try to hire them on contingency. You have nothing to loose, if you win, they will earn a share (probably a third) of the settlement/award.

Re: Disney have stolen my artwork

#149

Post by madaxe »

tibbon wrote: post #69
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.

According to the MPAA, $1000/use would sound well within the range of real damages for any license misuse.

$25k per copy, by my reckoning. I mean, seriously, if it flies in court for them, why not for her? She should/could push for ten figures of punitive damages.

Re: Disney have stolen my artwork

#150

Post by thaumasiotes »

gregcohn wrote: post #136
stevewilhelm wrote: post #121

Earlier quoted context omitted.

Disney's consumer merchandise is sourced by third party suppliers (see below). It is most likely one of these suppliers claimed to have created or licensed the image. The artist will probably end up negotiating with the handbag maker. https://www.disneyconsumerproducts.com/Home/display.jsp?cont...

I'm sure their licensing contract requires the 3rd parties to warrant intellectual property ownership and indemnify vs. any claims related to it. So the artist may end up negotiating with the handbag maker, but they might benefit from starting out making a claim against Disney.

If Disney is the one selling the bags, surely they are the only party it would make sense for the artist to make a claim against?

If I, A, lie to you, B, and as a result you take a supposedly-harmless action which is in fact a tort against aggrieved party C, I would expect you to be liable to C, and myself to be liable in turn to you. What did I do to C?

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