I have been asked to publish a book of photography. I am considering it, but I have a few questions. First, there will be a section or possibly a whole separate book of photographs I have taken at Disney. What are the legalities? Obviously it is my work, but can that be considered using the Disney name to make money? I know some of you sell your work, but I don't know if anyone has tried a book. I would appreciate any advice you guys can give me.
If the publication of the book is intended for sale or distribution, then that would likely require permission from Disney for any photos which are identified as being taken on property or those which involve iconic Disney landmarks, structures, etc. ; I don't honestly know the full legality - whether or not this could be fought legally with Disney on some grounds (wdwfigment???) but I'd certainly expect Disney to pursue it as they tend to be pretty aggressive with protecting their property. Personally, I have avoided publishing or selling photos of Disney property, which I've defined as those things that are clearly identifiable as Disney property or could only be found on Disney property. ; If I ever did, I'd first make an attempt to do so legally and with permission, which supposedly can be hard but is possible (I'm sure Tim has some knowledge on that issue). ; But I don't think I'd be willing to distribute or sell any of my photos of Disney property unless I had permission.
That's an interesting question and I don't know the answer. As a side note, if you are going to publish your images, I highly recommend registering them with the copyright office first to protect you against copyright infringement later on. ; There is a limit to the damages that you can claim if you register them after they are published. ; There's a lot of good copyright information in this interview from Photoshop User TV: ; http://kelbytv.com/photoshopusertv/2009/02/03/bonus-interview-with-copyright-attorney-ed-greenberg/ ; The interview is a compilation of a couple of shorter segments from 3 separate episodes. ;
That's what I thought...thanks for the info, keep it coming if anyone knows anything else or has any suggestions!
I think what Justin said is correct. ; After watching the interview again that I mentioned above, I noticed that the lawyer mentions that you can't sell copies of photos of anything that has been trademarked or copyrighted, etc without permission from the owner. ; He went on to mention that there are exceptions to that rule. ; For example, you can use the images for editorial purposes and things of that nature. ; I'm sure Tim knows more specifics on how this all applies to Disney and hope that he can fill us in on that subject. In any case, if you have a publisher for the book, they should know what you can and can't publish and help you obtain any necessary permissions.
I've had some debates on this topic over on the other forum, and I've concluded that it's not a subject I want to discuss again (for some reason, everyone thinks they can intelligibly debate the substance of the law even if it's not their occupation; you don't see me trying to debate mechanics, engineering, or anything of that sort! You're obviously not doing this, Justin, I'm just explaining why I don't get involved in these discussions anymore). I will say this: at least a portion of the law governing your potential actions is unsettled. ; On that basis alone, and based on the size and vigor of Disney's in-house counsel, you would be financially crushed if Disney pursued action against you for the book. ; Whether they would pursue you in the first place is another matter (which likely depends on the scale and scope of the project). Get detailed written permission or proceed at your own risk. ;
