Hello, everyone. I have a copyright question regarding the House of Mouse. I wrote a children’s novel that is set in Walt Disney World. However, getting Disney's publishing arm (Hyperion Books) to look at it is like determining the exact number of grains of sand in the Mohave desert - quite difficult. As most of you already probably know, Hyperion (and the entire Walt Disney Company for that matter) does not accept unsolicited material. I discovered this after receiving a very polite letter from a Disney lawyer once saying – words to the effect of – thanks for trying to contact one of our top executives in regards to your story idea, but please don’t ever do that again. But, I digress. What if I changed tactics and self-published it... with a few modifications? What if I did not mention any Disney copyrighted characters or attractions by name, nor mentioned Walt Disney World itself? For example, Magic Kingdom would be referred to instead as a fabulous theme park with a beautiful castle, Mickey Mouse would be referred to as the world’s most famous mouse. My protagonist (an original creation of mine - not a Disney character) would venture onto a log flume ride with a big splash instead of venturing onto Splash Mountain; and instead of experiencing the Hollywood Tower of Terror, he would experience a ride that took place in an old, abandoned hotel with an out of control elevator. Yes, the reader (and Disney's army of protective lawyers) could easily guess my story takes place in Walt Disney World, but I would never actually say that. Can I self-publish this type of novel without being sued by Disney? I'm thinking of self-publishing on Amazon (where I currently have an interactive YA novel entitled The Landmark Codes). Does describing copyrighted Disney characters, attractions, and using the Disney theme parks as my story’s location (without ever mentioning them by name) still constitute copyright infringement? The reason I wrote the story was because of my love of Walt Disney World, so it focuses on many of its fabulous attractions. It's my way of telling how magical Disney World is... in novel form. The story is very-pro Disney and not at all defamatory in any way, shape, or form. Thoughts? Suggestions?
Disney copyright... yes, another question about the House of Mouse
- Thread starter allanj
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So many issues...
First, what you're talking about is trademark infringement not copyright.
Second, there's a difference between "being sued" and "being legally right." Disney can sue you. Even if the court ultimately rules you are right and they are wrong, you've still been sued, and most likely paid a lot for it.
Third, Disney has a notoriously active legal staff.
Disney represents Disney; they will not tell you anything that will help the author.
(I would actually be more concerned that someone unfamiliar with intellectual property law is more likely to give Disney's lawyers ammo to use in their future lawsuit. Don't do this.)
If you want to publish with Hyperion Books, get an agent.
If you want to self-publish, consult with an IP attorney.
First, what you're talking about is trademark infringement not copyright.
Second, there's a difference between "being sued" and "being legally right." Disney can sue you. Even if the court ultimately rules you are right and they are wrong, you've still been sued, and most likely paid a lot for it.
Third, Disney has a notoriously active legal staff.
Disney represents Disney; they will not tell you anything that will help the author.
(I would actually be more concerned that someone unfamiliar with intellectual property law is more likely to give Disney's lawyers ammo to use in their future lawsuit. Don't do this.)
If you want to publish with Hyperion Books, get an agent.
If you want to self-publish, consult with an IP attorney.
I have subcontracted for a Disney subcontractor (image management, not writing) and I add to the caveats. Be very, very careful. Disney's lawyers have a lot of money to fund their efforts, and they're an aggressive bunch. Just because you think you might not be infringing too much, doesn't mean they won't drag you through an expensive and demoralizing legal battle.
If you can take out all references to Disney and still tell your story, then it doesn't need to be set in Disney World. Why not use a made up theme park, instead? (Hello, Wally World!)
You're not only dealing with copyright and trademark issues, but Disney has its own book series set inside the various theme parks, hotels, and cruise ships (Kingdom Keepers). There's no way you'll get permission to launch a competing title.
You're not only dealing with copyright and trademark issues, but Disney has its own book series set inside the various theme parks, hotels, and cruise ships (Kingdom Keepers). There's no way you'll get permission to launch a competing title.
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If it's identifiable as Disney, even if it's not named as Disney - like the world's most famous mouse thing - you can be successfully sued for a variety of things.
If it's trademark alone, you could probably defend that, but as the poster above notes, you'd be defending it against a cabal of lawyers with nothing but time to bill and papers to shove at you.
Just make up something entirely different.
If it's trademark alone, you could probably defend that, but as the poster above notes, you'd be defending it against a cabal of lawyers with nothing but time to bill and papers to shove at you.
Just make up something entirely different.
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I have a friend who works in the legal department of a Disney owned company. Listen to all the above. Do not self publish Disney stuff without the advice of a REALLY GOOD intellectual property lawyer.
If you're interested in this topic, I'd recommend reading up on Escape from Tomorrow, a horror movie filmed guerrilla-style in Disney Parks and using the Disney name, all without Disney permission. Of course, book legal and film legal will be different but it's an interesting case.
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