Question about Fair Use

[snarlingcoyote]

I'm the liason for my Charitable Organization - we're a humane type organization focused on cats - for Disney's Give-a-day-get-a-day.

I'm thinking of using photographs I'll buy the rights to use from Getty or similar and taking some of my own photographs of cats, and tagging them with LOL Cat style captions that non LOL folks will still laugh at.

Is it okay to use the word "Disney" in these ads? For example, There's one of a cat looking peeved with a mouse on its head. "The things I'll do for a day at Disney" is the caption. It's that kind of thing. I'm guessing those are okay, but I wanted to double check before I buy the rights to some photos and print my fliers and start trying to get them up in places around the community for people to see while they're Christmas shopping.

 

[rie'smom]

Disney will only accept work from certain organizations for their give a day get a day program. Also, I woudn't use the Disney name without their express permission.

 

[Planogirl]

I'd contact them directly. If you organization is already involved in Disney's project then it might be OK but it would be safer to ask them.

Good luck! I'm a big softie when it comes to cats.

 

[snarlingcoyote]

Disney will only accept work from certain organizations for their give a day get a day program. Also, I woudn't use the Disney name without their express permission.

Oh we're in the portal already. We won't post opportunities until Jan 01, just like the rest of the world. And I'm already working on easy instructions for people who already volunteer with us on how to get their "volunteer opportunities" recognized in the portal.

Did the DIS board get Disney's permission to use the name Disney? If so, from whom? How?

 

[Silent1CB]

Oh we're in the portal already. We won't post opportunities until Jan 01, just like the rest of the world. And I'm already working on easy instructions for people who already volunteer with us on how to get their "volunteer opportunities" recognized in the portal.

Did the DIS board get Disney's permission to use the name Disney? If so, from whom? How?[/QUOTE]

I haven't been around for too long, but I had read that this place used to be called Disney Information Service, or something like that. And Disney told them to change the name, and that's how it just became DISboards. Or something like that.

I'm sure some of the older members would know for sure.

 

[LuvOrlando]

Some businesses and entertainers are known to go in with both guns blazing for any infringements, and Disney has a reputation for being one of them (ever notice how you never hear the original Happy Birthday song anywhere any more? ) so I wouldn't do it.

 

[snarlingcoyote]

Ahhhh. . .

It's not covered in the FAQ's or on the website. I've got an e-mail addy for more info. I'll ask them what the limits are on our advertising our affliation. (We're trying to "grow" our organization rapidly due to some outside forces and $$$$ that may be flowing in for a specific cause.)

 

[bicker]

I haven't been around for too long, but I had read that this place used to be called Disney Information Service, or something like that. And Disney told them to change the name, and that's how it just became DISboards. Or something like that.

Pretty close. The URL used to be http://disneyinfo.com, if I recall correctly.

I don't believe Pete ever was contacted by Disney, but he saw the writing on the wall, and changed it proactively.

Incidentally, Fair Use has nothing to do with any of this. Disney is a trade mark.

 

[Geoff_M]

I'm the liason for my Charitable Organization - we're a humane type organization focused on cats - for Disney's Give-a-day-get-a-day.

I'm thinking of using photographs I'll buy the rights to use from Getty or similar and taking some of my own photographs of cats, and tagging them with LOL Cat style captions that non LOL folks will still laugh at.

Is it okay to use the word "Disney" in these ads? For example, There's one of a cat looking peeved with a mouse on its head. "The things I'll do for a day at Disney" is the caption. It's that kind of thing. I'm guessing those are okay, but I wanted to double check before I buy the rights to some photos and print my fliers and start trying to get them up in places around the community for people to see while they're Christmas shopping.

I have several comments regarding your question...

For starters, "fair use" only applies to copyrighted materials whereas "Disney" is a trademark. So "fair use" doesn't apply here. In order for something to be a trademark violation, the case would have to be made by Disney that your simple use of the "Disney" name would create confusion in the minds of a reasonable member of the public that your organization was in fact part of Disney. I think that your use as described would be safe, unless you opted to do other things like use the Disney name in the characteristic Disney font to boot. Also, trademarks only apply to the types of businesses they are registered under. Disney can't automatically lay claim to the use of their name to every type of business in existence. If I wanted to open a metal recycling business and call it "Disney Scrap Aluminum" and don't do things like use familiar cartoon characters as part of my logo, then Disney would be powerless to stop me from doing so as I'm sure that this line of business wasn't part of the registration of the Disney trademark. They could try, but they'd almost certainly lose in court. However, it'd be another matter if I started up an entertainment business using that name. The only other area of problems I could see is if Disney tried to claim that you're improperly trying to use the goodwill of the Disney name in an attempt to imply that Disney has somehow endorsed your organization... but if they've accepted you into their program, that would pretty much show that they have in fact endorsed your organization.

Lastly, I think that it's probably safe that when your organization signs on to Disney's "give a day" program, Disney (as part of the agreement) would likely state that it's OK to advertise the fact that you're part of their program in at least some minimal fashion. Not that such permission would necessarily be required, given my previous paragraph. I'd find it hard to believe that Disney would feel that you should be completely prohibited from letting the public know that you're part of their program.