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Disney have stolen my artwork

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Re: Disney have stolen my artwork

#171

Post by GoofballJones »

polymatter wrote: post #125
robbyking wrote: post #54

Earlier quoted context omitted.

I also think it's important for the artist to remember that Disney doesn't have a team of employees surfing the web looking for ideas to steal. The more likely scenario was a single designer was having trouble with a project and got desperate. It's not excusable, but also isn't as conspiratorial.

Spare me the violins. This is a billion dollar global enterprise not a Mom and Pop. Its Disney's responsibility to make sure they have the requisite licences and in this case they appeared to have failed in that duty.

Which lends to the theory that it did indeed fall through the cracks. The bigger you are, the more you miss.

My theory is that it was from a 3rd party contractor and it just slipped through.

Re: Disney have stolen my artwork

#172

Post by sdoering »

aidenn0 wrote: post #166
madaxe wrote: post #144

Earlier quoted context omitted.

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.

I've heard the kimba/simba thing before, but don't see it myself. Simba is the swahili word for lion, the plots are not at all similar and they don't look anything alike: http://theafictionado.files.wordpress.com/2012/08/lionking46... http://upload.wikimedia.org/wikipedia/en/b/bd/ReallyKimbaThe...

Well. OK; they really do not look alike. ;-) I have no idea, how far the stories match up, but coming from a literature background, I can only say, that a lot of stories are a lot alike, when they tell anything in the same genre.

I mean, look at a lot of forensic women in thrillers. But that is just meant as a bit background-info on literature. There is even a "scientific" way of saying, some (very) old author copied from someone else:

Intertextuality: http://en.wikipedia.org/wiki/Intertextuality

But as a side-note: Don't the ears of the white lion remind anyone of Mickey Mouse? Just saying... ;-)

Re: Disney have stolen my artwork

#173

Post by PAULHANNA84 »

mayneack wrote: post #132
clarkevans wrote: post #63

Earlier quoted context omitted.

Why assume the worst? Wouldn't it be a bit easier to just find the relevant group and ask them how they'd like to resolve it? If they want to be jerks, sure, lawyer up. However, it might be a very simple conversation with a much more positive outcome.

Because by this time they have already seen this and are lawyered up.

They're always lawyered up because they have lawyers on payroll.

Re: Disney have stolen my artwork

#174

Post by engtech »

Fargren wrote: post #153
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'm pretty sure Alice is not a Disney Princess.

The Disney wiki confirms that Alice is not a Disney princess. Leia Organa isn't a Disney princess either (yet).

http://disney.wikia.com/wiki/Disney_Princess

Re: Disney have stolen my artwork

#175

Post by Noxchi »

madaxe wrote: post #149
tibbon wrote: post #69

Earlier quoted context omitted.

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.

Pretty sure punitive damages is only applicable if they don't do anything about it after discovering they used her artwork.

Re: Disney have stolen my artwork

#176

Post by axx »

sdoering wrote: post #172
aidenn0 wrote: post #166

Earlier quoted context omitted.

I've heard the kimba/simba thing before, but don't see it myself. Simba is the swahili word for lion, the plots are not at all similar and they don't look anything alike: http://theafictionado.files.wordpress.com/2012/08/lionking46... http://upload.wikimedia.org/wikipedia/en/b/bd/ReallyKimbaThe...

Well. OK; they really do not look alike. ;-) I have no idea, how far the stories match up, but coming from a literature background, I can only say, that a lot of stories are a lot alike, when they tell anything in the same genre. I mean, look at a lot of forensic women in thrillers. But that is just meant as a bit background-info on literature. There is even a "scientific" way of saying, some (very) old author copied…

"But as a side-note: Don't the ears of the white lion remind anyone of Mickey Mouse? Just saying... ;-)"

* Mickey Mouse: First appearance - Steamboat Willie (1928)

* Kimba The White Lion: [..]Kimba the White Lion, is an anime series from the 1960s. Created by Osamu Tezuka and based on his manga of the same title which began publication in 1950

Re: Disney have stolen my artwork

#177

Post by jenskanis »

phreanix wrote: post #128
polymatter wrote: post #125

Earlier quoted context omitted.

Spare me the violins. This is a billion dollar global enterprise not a Mom and Pop. Its Disney's responsibility to make sure they have the requisite licences and in this case they appeared to have failed in that duty.

Disney works with 3rd party contractors and design agencies. If a design was claimed to be original artwork by one contractor, there's only so much that Disney can do. I'm not in any way defending them, but the possibility is there that this was either an honest mistake or a 3rd party that cut corners. I'm fairly certain there will be repercussions internally and externally due to this.

Disney has to take responsibility for the actions of their third parties and contractors.

Re: Disney have stolen my artwork

#179

Post by Shinkei »

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 didn't know the conclusion of the Fairey case and I had never even heard about the Baio case, so thanks for these links.

I don't think you can generalize "the internet" in this way because the forums I read are fairly liberal and will tend to favor the underdog, 'David' or whatever allusion you want to depict the lowly, individual up against 'the man.' So, by that thinking, we should be expected to favor Fairey (vs AP), Baio (vs Maisel ) and the current article's artist (vs Disney). You may say that Maisel is not so black and white, but consider that he still represents the establishment.

Just to specifically address Lee Phillips' article. He clearly has a personal bias that doesn't help his argument with lines like this referring to 'chiptune':

"I don’t get it either, but if people want to create music where part of the aesthetic is that it’s supposed to sound bad, I believe they have every right to."

I have plenty of fond memories to music from Battletoads, Mega Man and Final Fantasy so I think he's fighting a losing battle if he's going to try and convince people that there is no merit to 8-bit music production.

Re: Disney have stolen my artwork

#180

Post by JDGM »

ANTSANTS wrote: post #129
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've got little to add to the larger discussion, but you know, this is kind of funny: I can ignore all kinds of crap that people on the internet get riled up over, and even the occasional personal insult, no sweat, but your assessment of Kind of Bloop and the chiptune scene in general actually made me angry. There's an interesting (albeit tired -- we've been having the same conversation since at least the dawn of the…

What was it specifically that made you angry? I enjoy chiptune music and listened to some of the linked samples thinking they were pretty good, but I still found the level of boldness in his "assessment of Kind of Bloop and the chiptune scene in general" quite refreshing and rather entertaining, even though I don't exactly agree with his opinion.

I enjoy a good articulate rant from someone who is making it in good faith, as I believe the author was. That "most of them have the good sense not to say so in public under their true identity" only makes it all the better - the argument is usually of such passion and ferocity that it must be confronted rather than sidestepped. If your reaction is one of anger then perhaps something he said was a little close to true and you're defaulting to an emotional response in defense.

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