Illustrations of Disneyland?

[itsilak]

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

Hello,

This is probably a very novice question, but copyright law confuses me a fair amount. I've written a short children's book that takes place in Disneyland park. I'd like to have illustrations that as backgrounds have scenes from the park, including some of their rides. I assume many of these fall under copyright law. Since the book isn't parody or copyright, is this still a legit use? Or do I need to gain permission from Disney in order to have scenes of their park featured?

Thank you so much in advance!

 

[Ohiogal]

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

Hello,

This is probably a very novice question, but copyright law confuses me a fair amount. I've written a short children's book that takes place in Disneyland park. I'd like to have illustrations that as backgrounds have scenes from the park, including some of their rides. I assume many of these fall under copyright law. Since the book isn't parody or copyright, is this still a legit use? Or do I need to gain permission from Disney in order to have scenes of their park featured?

Thank you so much in advance!

Illustrations of Disney require Disney's permission.

 

[FlyingRon]

Almost certainly Disney's trademarks also come into play and all the characters and many of the landmarks (the castle for sure) are. The characters and many of the attractions visually are protected by copyright. Even that godawful "It's a small world after all" that you have drummed into your head continuously is protected.


Disney is extremely protected of their IP rights (copyright and trademarks).

 

[coolmaltese]

I remember some Walmarts having notices in their photo developing departments saying they could not print theme park photos like a family photo in front of the Disney castle or the Dumbo rides due to copyright/trademark issues. You had to print them yourself on the in-store self-service Kodak or HP machines. It made no difference if it was a single photo for a photo album or 100 photos for profit (and as has been stated in this forum many times, profit or no-profit makes no difference in the actual act of infringement). I don't know if they still do that or not...

 

[quincy]

I remember some Walmarts having notices in their photo developing departments saying they could not print theme park photos like a family photo in front of the Disney castle or the Dumbo rides due to copyright/trademark issues. You had to print them yourself on the in-store self-service Kodak or HP machines. It made no difference if it was a single photo for a photo album or 100 photos for profit (and as has been stated in this forum many times, profit or no-profit makes no difference in the actual act of infringement). I don't know if they still do that or not...

Disney is definitely aggressive when it comes to pursuing trademark infringers, and I would not be too surprised to learn that some places are reluctant (or refuse) to print photos of Disneyland. But there is no infringement when printing off copies of photos you have taken at a theme park or elsewhere. The photos are yours to print. You own the copyright in them.

A problem could come with publishing the photos for commercial gain, however, if a trademarked item is pictured in the photo. Some trademark owners are more protective of their rights than others. Trademark owners know that if they do not vigorously enforce their rights, it is possible to lose all rights in the mark.

It is important to read rules and restrictions that are generally printed on theme park tickets, so that you understand exactly what is allowed on the property and what is not. Some venues will ban cameras or camera phones or other electronic devices entirely while others welcome them.

Disneyland does not prevent photographers/videographers from taking photos and videos in their parks, but it can be legally risky to publish the photos and videos. The photos and videos should be for private use only.