Ciao Disney Comics Friend (another DCF)!
I wanna publish on my blog some translation of Italian and American Disney Comics I did. Do I need an authorization from Disney? If yes, does somebody here know an e-mail address with which I can contact them?
Thank you!
Simone
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Author
Topic: Disney Comics
(13 messages)
Sim
Disney Comics
Message 1 -
2011-05-23 at 15:03:36
Timoro
Disney Comics
Message 2 -
2011-05-24 at 09:03:10
Basically yes. And I doubt you'll get any permits. On the other hand web is full of illegal sites what comes in to copyrights. If you publish, prepare yourself for receiving Cease and Desist -letter from Disney lawyers. http://en.wikipedia.org/wiki/Cease_and_desist
Timo
Timo
Sim
Disney Comics
Message 3 -
2011-05-24 at 15:45:47
Quote from user: timoroBasically yes. And I doubt you'll get any permits. On the other hand web is full of illegal sites what comes in to copyrights. If you publish, prepare yourself for receiving Cease and Desist -letter from Disney lawyers. http://en.wikipedia.org/wiki/Cease_and_desist
Timo
Savvy!
You're suggesting to me not to publish any entire strip or story and I'll follow your advice. Thank you for having warned! ;)
Simone
Timo
Savvy!
You're suggesting to me not to publish any entire strip or story and I'll follow your advice. Thank you for having warned! ;)
Simone
Cacou
Disney Comics
Message 4 -
2011-05-25 at 07:24:13
It was once possible to get Disney's approval for illusrating an article with a few panels or drawings (in magazines not sold for profit), but you had to send the full version of your article to Disney Europe (at the time in Paris). Nowadays, the same permission for websites might be much more difficult to get.
Timoro
Disney Comics
Message 5 -
2011-05-25 at 07:41:48
It's perfectly legal to quote comics on articles, essays, critique, etc without asking permission. In USA it's called Fair Use. Universal Bern treaty on copyright: article 10: Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author. United States of America, have become bound by the Universal Copyright Convention as revised at Paris on July 24, 1971.
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
Timo
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
Timo
Cacou
Disney Comics
Message 6 -
2011-05-25 at 07:54:19
This may not be so everywhere. The concept of fair use does not exist in France. "Quoting" is permitted but is much more limited.
The author of a study of Herge's work, consisting of his own text, illustrated with a few panels from Tintin comics, has been ruled a (c) violation.
http://junon.u-3mrs.fr/u3ired01/Main%20docu/PLA/06juin09-HERGE.htm
And BTW cease and desist letters are not the only way Disney may act. They can directly sue someone for (c) violaton without contacting him before (look for "Righthaven").
To my knowledge, Disney isn't known to be particularly "procedural" with fans website (much less than the Herge foundation fortunately). The only case that I know of is that of a cease-and-deists letter sent in relation with a website that had full comics online, and a domain name containing "Donald" and "comics" which could be misleading (people may think it was "official" in some way).
Maybe it would be safer, now that I think of it, to add that this web forum is not affiliated with Disney on top of this page...
The author of a study of Herge's work, consisting of his own text, illustrated with a few panels from Tintin comics, has been ruled a (c) violation.
http://junon.u-3mrs.fr/u3ired01/Main%20docu/PLA/06juin09-HERGE.htm
And BTW cease and desist letters are not the only way Disney may act. They can directly sue someone for (c) violaton without contacting him before (look for "Righthaven").
To my knowledge, Disney isn't known to be particularly "procedural" with fans website (much less than the Herge foundation fortunately). The only case that I know of is that of a cease-and-deists letter sent in relation with a website that had full comics online, and a domain name containing "Donald" and "comics" which could be misleading (people may think it was "official" in some way).
Maybe it would be safer, now that I think of it, to add that this web forum is not affiliated with Disney on top of this page...
Timoro
Disney Comics
Message 7 -
2011-05-25 at 11:02:37
"Fair Use" and partial quoting are basically the same thing. You can get a short excerpt from a book, comic, etc for reviewing and critical and educational purposes. That snippet of work must be of course connected someway to the article or some sort of presentative work you have done. You can quote fair amount, not the whole work, just enough to make your point. At least in Finland you do not need copyright holders permission to do that. And international Berne treaty allows that too.
I'm aware of those Tintin incidents, copyright owners, Moulinsart and Studios Hergé are overly protective - and what they have done to shut down websites and the way they have restricted the use of imagery on books etc are basicly illegal. But they have the money and lawyers.
Timo
I'm aware of those Tintin incidents, copyright owners, Moulinsart and Studios Hergé are overly protective - and what they have done to shut down websites and the way they have restricted the use of imagery on books etc are basicly illegal. But they have the money and lawyers.
Timo
Coolwater
Disney Comics
Message 8 -
2011-05-25 at 15:42:00
Disney might be generous if one asks for an authorisation and clarifies from the beginning that one has no intention at all of any commercial purpose. As far as I know that is what the German Donaldist organisation did from the beginning, so that it never had any problem with the publishing of pictures from the Disney comics in its fanzine.
Quote from user: timoroIt's perfectly legal to quote comics on articles, essays, critique, etc without asking permission. In USA it's called Fair Use. Universal Bern treaty on copyright: article 10: Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author. United States of America, have become bound by the Universal Copyright Convention as revised at Paris on July 24, 1971.
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
I am not really an expert for the thicket of copyright law, but doesn't "quotations" really just mean basically the quoting of a text, but not of an image? It has never been a problem that one author quotes from another book, essay, article whatever in a "normal" amount. But one can always see legal issues and conflicts emerging--not only one the field of comics--when somebody "steals" just one little image from somebody else. And every little image, say of a panel quoted in a comic trade magazine, has a little "copyright" symbol, while the same is of course not necessary if you quote just words from a book, magazine or comic panel.
I have to point out to the case of Jack L. Chalker here who published a Barks-based "Informal Biography of Scrooge McDuck" in 1974. As far as I heard that thing had to be published completely without images because Disney did not give Mr. Chalker the permission to use any images from the comics. So he could only write together Scrooge's story lined with text quotations from the speech balloons, I guess. ( I never had that book in my hands, however.)
Quote from user: timoroIt's perfectly legal to quote comics on articles, essays, critique, etc without asking permission. In USA it's called Fair Use. Universal Bern treaty on copyright: article 10: Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author. United States of America, have become bound by the Universal Copyright Convention as revised at Paris on July 24, 1971.
http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html
I am not really an expert for the thicket of copyright law, but doesn't "quotations" really just mean basically the quoting of a text, but not of an image? It has never been a problem that one author quotes from another book, essay, article whatever in a "normal" amount. But one can always see legal issues and conflicts emerging--not only one the field of comics--when somebody "steals" just one little image from somebody else. And every little image, say of a panel quoted in a comic trade magazine, has a little "copyright" symbol, while the same is of course not necessary if you quote just words from a book, magazine or comic panel.
I have to point out to the case of Jack L. Chalker here who published a Barks-based "Informal Biography of Scrooge McDuck" in 1974. As far as I heard that thing had to be published completely without images because Disney did not give Mr. Chalker the permission to use any images from the comics. So he could only write together Scrooge's story lined with text quotations from the speech balloons, I guess. ( I never had that book in my hands, however.)
Cacou
Disney Comics
Message 9 -
2011-05-25 at 17:03:39
Quote from user: timoro"Fair Use" and partial quoting are basically the same thing. You can get a short excerpt from a book, comic, etc for reviewing and critical and educational purposes. That snippet of work must be of course connected someway to the article or some sort of presentative work you have done. You can quote fair amount, not the whole work, just enough to make your point. At least in Finland you do not need copyright holders permission to do that. And international Berne treaty allows that too.
I'm aware of those Tintin incidents, copyright owners, Moulinsart and Studios Hergé are overly protective - and what they have done to shut down websites and the way they have restricted the use of imagery on books etc are basicly illegal. But they have the money and lawyers
The French quoting right and US fair use "should be" the same thing, maybe, but I don't think they are in practice nor in the actual laws. The French law and juriprudence requires that the quotation be "short" ("droit de courte citation"), which would typically forbid screenshots of films or panels from comics. In the US, the "four factors" used to determine if a redistribution is fair use, include the question of wether that redistribution is "disturbing" the sales of the original work ("effect of the use upon the potential market"). In that view, it has often been ruled that screenshots or panels are permitted because they're in no way a replacement of the actual thing.
Sometimes this would allow American judges to rule that copying of an entire work is fair use (newspaper articles). I don't think anything like this could be achieved in France.
Quote from user: CoolwaterI am not really an expert for the thicket of copyright law, but doesn't "quotations" really just mean basically the quoting of a text, but not of an image?
Basically, yes.
I'm aware of those Tintin incidents, copyright owners, Moulinsart and Studios Hergé are overly protective - and what they have done to shut down websites and the way they have restricted the use of imagery on books etc are basicly illegal. But they have the money and lawyers
The French quoting right and US fair use "should be" the same thing, maybe, but I don't think they are in practice nor in the actual laws. The French law and juriprudence requires that the quotation be "short" ("droit de courte citation"), which would typically forbid screenshots of films or panels from comics. In the US, the "four factors" used to determine if a redistribution is fair use, include the question of wether that redistribution is "disturbing" the sales of the original work ("effect of the use upon the potential market"). In that view, it has often been ruled that screenshots or panels are permitted because they're in no way a replacement of the actual thing.
Sometimes this would allow American judges to rule that copying of an entire work is fair use (newspaper articles). I don't think anything like this could be achieved in France.
Quote from user: CoolwaterI am not really an expert for the thicket of copyright law, but doesn't "quotations" really just mean basically the quoting of a text, but not of an image?
Basically, yes.
Sim
Disney Comics
Message 10 -
2011-05-25 at 17:49:41
In what state is the web for law?
Cacou
Disney Comics
Message 11 -
2011-05-25 at 19:50:30
French nationals can be sued for things they did in another country; foreigners can also be sued for things they did in France.
Rodrigo
Disney Comics
Message 12 -
2011-06-03 at 01:14:12
John Shelton Lawrence wrote an article called "Fair use and Free inquiry" (1980) in which he recounts the law suit brought by the Center for Constitutional Rights against the Treasury Department when it seized 3,500 copies of the book "How to Read Donald Duck", which used images of disney comics to make their points. The CCR successfully won the lawsuit arguing that the authors needed to "quote" the text AND the image; that in comics, those two elements were bound together. It's a fascinating case.
Robb_K
Disney Comics
Message 13 -
2011-06-03 at 01:42:25
Quote from user: CoolwaterDisney might be generous if one asks for an authorisation and clarifies from the beginning that one has no intention at all of any commercial purpose. As far as I know that is what the German Donaldist organisation did from the beginning, so that it never had any problem with the publishing of pictures from the Disney comics in its fanzine.
Yes, Der Donaldist can publish pictures and text from Disney books, but cannot publish any whole "stories"-And as far as I remember, even a full one-page gag. Furthermore (as I remember from working with The Bremen and Frankfürt am Mein Editorial groups of that Magazine), I seem to remember that none of our own "Fanfiction" stories using Disney characters could be longer than one full page (which is why all of Volker Reiche's were jut that size).
Yes, Der Donaldist can publish pictures and text from Disney books, but cannot publish any whole "stories"-And as far as I remember, even a full one-page gag. Furthermore (as I remember from working with The Bremen and Frankfürt am Mein Editorial groups of that Magazine), I seem to remember that none of our own "Fanfiction" stories using Disney characters could be longer than one full page (which is why all of Volker Reiche's were jut that size).
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