I'm attempting to write a Disney Book

[BlueEyedPrinces]

What is the name of your state (only U.S. law)? MD

I'm trying to write a book about Disney films, including some of their merchandise, along the lines of a reference guide. I was firstly planning on self-publishing via Amazon but I didn't want to run into any legal trouble involving copyright so I'm assuming if I could get away with it if I write a disclaimer? I'm not sure if I should finish writing if I can't even release it legally.

 

[quincy]

What is the name of your state (only U.S. law)? MD

I'm trying to write a book about Disney films, including some of their merchandise, along the lines of a reference guide. I was firstly planning on self-publishing via Amazon but I didn't want to run into any legal trouble involving copyright so I'm assuming if I could get away with it if I write a disclaimer? I'm not sure if I should finish writing if I can't even release it legally.

You will need permission (a license) from Disney to use Disney material in your book.

Disney is extremely protective of their copyrights and trademarks.

Disclaimers do not prevent lawsuits. They can work to mitigate damages awarded against you.

 

[FlyingRon]

They can work to mitigate damages awarded against you.

Sometimes. A disclaimer may help with regard to trademarks but it certainly won't get you anything with regard to copyright.

The big question is how much Disney material is going to be used (will it fall under fair use?) and what use of the trademarks are going to be made.

But I agree, Disney is one of the entities that I wouldn't want to run afoul of. Warner Brothers (i.e., anything Harry Potter) is a close second.

 

[quincy]

Sometimes. A disclaimer may help with regard to trademarks but it certainly won't get you anything with regard to copyright.

The big question is how much Disney material is going to be used (will it fall under fair use?) and what use of the trademarks are going to be made.

But I agree, Disney is one of the entities that I wouldn't want to run afoul of. Warner Brothers (i.e., anything Harry Potter) is a close second.

The NFL is right up there, too.

I agree that there is a fair use exception to the law but fair use is ultimately determined at the court level. When you are handling Disney material without authorization, but especially if you are using it commercially, Disney is not afraid to sue.

So ... it can be costly to not get permission first.

That said, here is a link to a video that I have published often on this site, to Professor Eric Faden's "A Fair-y Use Tale." It is a good video to view, especially when discussing the fair use of Disney material.

http://cyberlaw.stanford.edu/blog/2007/03/fairy-use-tale

 

[BlueEyedPrinces]

You will need permission (a license) from Disney to use Disney material in your book.

Disney is extremely protective of their copyrights and trademarks.

Disclaimers do not prevent lawsuits. They can work to mitigate damages awarded against you.

Would it be easier to just pitch the book to disney publishing themselves?

 

[quincy]

Would it be easier to just pitch the book to disney publishing themselves?

Easier than trying to create a book about Disney without Disney's permission?

Easier, possibly.

Safer from a legal standpoint, yes.

You can discuss your proposed book plans with an IP attorney in your area. The attorney can give you an idea of what to expect when approaching Disney and can also advise you on whether your particular uses of Disney material could fall under the fair use of rights-protected material.

Fair use is an affirmative defense to an infringement suit, however, and not permission to use rights-protected material so, fair use or not, you could still be sued.

 

[BlueEyedPrinces]

Sometimes. A disclaimer may help with regard to trademarks but it certainly won't get you anything with regard to copyright.

The big question is how much Disney material is going to be used (will it fall under fair use?) and what use of the trademarks are going to be made.

But I agree, Disney is one of the entities that I wouldn't want to run afoul of. Warner Brothers (i.e., anything Harry Potter) is a close second.

It's along the lines of a catalog book, I wanted to have a page for each disney film (animation first, then live-action) that gives some historical context (production notes and what not) the plot, awards list, the source material, and then have a checklist of any merchanise related to that title (VHS, DVD, mostly little golden books, any spin off books, a mention of any sequels and/or spin offs that would be on a separate page potentially) I wanted to publish them in volumes by animated film era (The golden age, the bronze age, etc.) I'm going to be using all the material as a reference point and promoting the films, is that fair use? Do I need a lisense? Can I request one if it's just me researching and writing it, I don't have a company to list unless that means amazon since I would like to publish it throught there...

 

[BlueEyedPrinces]

Easier than trying to create a book about Disney without Disney's permission?

Easier, possibly.

Safer from a legal standpoint, yes.

You can discuss your proposed book plans with an IP attorney in your area.

Well, I don't have much material yet, should I finish writing it first? That's another concern of mine if it's worth finishing...

 

[quincy]

Well, I don't have much material yet, should I finish writing it first? That's another concern of mine if it's worth finishing...

I suggest you sit down with an IP professional in your area to go over your book plans, providing the attorney with a sample of the material you are thinking of using.

There have been books published along the lines of what you are considering. One on the Simpson's comes to mind. I can post a link later to the lawsuit that resulted from that publication.

No one here can tell you whether the publication of your book will lead to a lawsuit. When using Disney material, however, a lawsuit is a realistic possibility.

 

[quincy]

Following are links to cases where fair use was used as a defense to infringement, without success.

The first link is to a suit over the use of Harry Potter material for a Harry Potter encyclopedia, authored by the originator of a Harry Potter "fan" website. The second link is to a suit over a trivia book based on the Seinfeld TV show. And the third link is to a suit over a "complete guide" to the show Twin Peaks ("Welcome to Twin Peaks: A Complete Guide to Who's Who and What's What").

The rights-protected material used in these publications was found to infringe on the owners' IP rights.

The Court decisions show what factors are looked at when determining fair use.

Warner Brothers Entertainment, Inc. and J.K. Rowling v. RDR Books, 575 F.Supp 2d 513 (S.D.N.Y. 2008): https://h2o.law.harvard.edu/cases/2007

Castle Rock Entertainment, Inc. v. Carol Publishing Group, 150 F.3d 132 (2d Cir 1998): https://law.justia.com/cases/federal/district-courts/FSupp/955/260/1516124/

Twin Peaks v. Publications Int'l Ltd, 996 F.2d 1366 (2d Cir 1993): https://h2o.law.harvard.edu/cases/5208

Again, if you want to write a book about Disney, you would be smart to get permission from Disney first, but you can sit down with an IP professional in your area for a personal review.

Good luck.

 

[adjusterjack]

Well, I don't have much material yet, should I finish writing it first? That's another concern of mine if it's worth finishing...

Either get consent in writing, or don't do it. Period.

You are not going to like what happens when a lawsuit is handed to you and you have to spend tens of thousands of dollars on litigation while every copy of your book sits in a warehouse or ends up as land fill.

 

[quincy]

Either get consent in writing, or don't do it. Period.

You are not going to like what happens when a lawsuit is handed to you and you have to spend tens of thousands of dollars on litigation while every copy of your book sits in a warehouse or ends up as land fill.

I am hoping that the prior posts and the cases cited lead BlueEyedPrinces to that decision.

Submitting a proposal for a series of Disney-themed books to Disney is not a bad idea posed by BlueEyedPrinces, with the caveat that no Disney material is included with the proposal, lest Disney see copying of their copyrighted works in the proposal itself.