Copyright Rules & Sellers

[CT Disney]

Hi everyone! I know the photography board has been a little quiet these days. I am a frequent visitor but don’t post here that much…I do love looking at everyone’s photos though…such talent!

Anyway, I have a huge personal portfolio of Disney photos. I’ve visited (almost) every year since I was young. And, I’ve been a hobby photographer for just about as long.

I was considering putting my photos on a public Instagram page just for kicks. (Not to sell). Before I set my page up, I searched Instagram to see how other people had formatted similar pages. And, I was bowled over by the number of people I saw actually selling their Disney photos on Instagram—with links to their personal websites or Etsy stores.

As far as I understand, you can’t sell photos taken on Disney property due to copyright and IP issues, without the express written consent of Disney. And, I thought that Disney was very aggressive in defending their IP.

Anyway, I was totally shocked by the number of people I saw selling Disney photos and prints. These are people with thousands of followers and seemingly booming businesses. And, it’s not like they’re hiding in the shadows. They’ve got impressive websites and very public links on Instagram.

For example, see Joseph Jurado who uses Instagram and Reddit to heavily publicize his work and William Drew who sells prints and full-blown calendars. These are just two of the many, many people I saw with similar set ups. Now, maybe these guys have permission from Disney to sell? They are both quite talented so perhaps?

But, overall, what gives? How are there so many people selling Disney photos online? I’m talking characters, iconic landmarks, castles, everything! Does Disney see what’s going on, but just not care? Or, have the rules changed? Or, is Disney granting consent to sell more generously these days?

 

[SrisonS]

Disney doesn't care what you do with your photos. A long time ago, someone posted a response they received from Disney on the matter; and Disney basically said, "they're your photos, you can do what you want". I've been posting/selling Disney pics for years. Haven't had any real issues. I think the only time it was, was when they were of Princesses (probably because the focus is of an actual person).

 

[_19disnA]

As far as I understand, you can’t sell photos taken on Disney property due to copyright and IP issues, without the express written consent of Disney. And, I thought that Disney was very aggressive in defending their IP.

That is still my understanding as well. I can't speak to what other may be getting away with online or on some social media websites. If you are SELLING Disney images/photos and therefore making $$$ at it, you could find yourself in legal trouble with Disney.

 

[CT Disney]

Disney doesn't care what you do with your photos. A long time ago, someone posted a response they received from Disney on the matter; and Disney basically said, "they're your photos, you can do what you want". I've been posting/selling Disney pics for years. Haven't had any real issues. I think the only time it was, was when they were of Princesses (probably because the focus is of an actual person).

Regarding the part of your quote I bolded: this is the exact opposite of everything I’ve ever read. Disney seems to care a lot about their IP, copyrights, and trademarks. This includes Disney characters and Disney-recognized “landmarks”. But, you seem to run a robust business, so who knows.

That was the reason for my original post. I read the rules and they seem pretty clear to me, but one look at Etsy and Redbubble indicates that the practice of selling Disney photos is pretty common. Hence my confusion.

 

[Deanna Lamz]

Check out the warning to see what’s up. If you used the photos without asking, fix it ASAP. Hit up the person who sent the warning and sort things out maybe remove the pics or get permission. Keep track of all the talks and any deals you make.

For more tips, Marken Legal’s website is pretty helpful. They break down the legal stuff about copyright law and how to deal with infringement notices. I worked with Robert Meyen, and he made his job brilliant.

 

[_19disnA]

IF you are asking about someone else using your material without your permission, probably best to contact a lawyer to see what your options are. IF you are being accused of using someone else's material, that is a different issue and likely they would have indicated what they think you are doing wrong and what you need to do to resolve it.