androidlove wrote:
>
> Thanks for the tip. I just went on a wild ride looking at failed
> attractions. It's a parade of bad ideas. The journey lead me to this
> site http://disneyandmore.blogspot.com/ . I don't know what the
> legality is of posting these images. I don't know where they're from
> or if they're for sale. I know art houses publish vintage Disney art
> they sell, but the art belongs to them...doesn't it? Does ownership of
> an original void a copyrighted character in that instance?
First, the site is one of the many Disney fan sites that Disney allows
to operate as long as they make no profit and do not undercut any Disney
property. WE all are familiar with the paper models from Trader Sam's
fan site. Like him, this site is okay with Disney and is careful to
acknowledge their copyrights and trademarks.
Second, the copyright always remains with the creator unless it is so
old it has passed into public domain. Any art house reproducing Disney
work has paid a licensing fee for permission to copy it and you can be
sure the Disney lawyers are closely watching for any signs of exceeding
that license. Now if you physically own a copyrighted work you may sell
it or give it away, however you can not duplicate it. That ability lies
solely with the creator and you may not copy it without their permission.
That being said in some cases (notably in Japan) "fan created
derivative works" are permitted as long as they do not make a profit.
There is a large market for this sort of work there (Comikat, the
world's largest comics gathering, dwarfing the US Comic Con, is almost
completely fan derived works) Some wise companies have learned that this
can be good for them, promoting their products and helping create a fan
community. Strangely Disney is one of those companies as they know that
a fan community helps cement their "family" image despite owning a large
number of properties which are decidedly not family oriented and having
contracts with some decidedly unsavory performers, so they are starting
to allow more fan created content. For all their fierce reputation you
will be surprised at how reasonable Disney can be if they do not feel
their interests threatened. Now if we could just convince the US anime
releasers to start being rational...
cat
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