Selling photos taken at Disney World -- is it legal??

[twilson125]

Hello all, this is my first post since joining disboards and I'm hoping to get a question answered. First let me say that I am totally and completely in love with all things Disney ....yeah!! My family and and have gone to to WDW or DL 1-2 times a year for the past 5 years and I have taken some pretty spectacular photos. Someone recently ask if they could purchase a large print of 2 photographs I had taken while at DL -- one outside the Emporioum, the other of the castle, and I wasn't sure how to answer. Is it legal for me to sell a photograph that I have taken while on vacation to the parks? The photograph does not include any characters, but buildings --- and the castle? Please let me know if any of you have been in a similar situation and how you handled it .
Oh, by the way, faces of people in the photos are not distinguishable -- I created a watercolor of the scene in photoshop -- so faces are blurred.

Thanks, can't wait for input!!

 

[Experiment_626]

You'll get varying answers here, mostly negative -- just warning you.

I think that making it into a "work of art" with filters and such may add an additional wrinkle. I've heard all sorts of answers to this -- including that you can sell it as an "art print" -- i.e., it would be considered fine art. About the only thing that is crystal clear is that you can't sell the image as stock for advertising purposes, but then that isn't what you're asking.

The one other thing I'll say is that people do it, and Disney (who could squash them like a bug if they wanted) does not stop them. And I refuse to believe that everyone that does sell their images and doesn't get squashed does so because they have some sort of agreement with Disney.

Scott

 

[twilson125]

Thanks for your input (and heads-up), I clearly have no idea what I might be in for by putting this out there. I have artwork all around my home which I have created -- the photo pieces displayed were once a simple photo, but after days and days of work and having them printed on canvas, resemble a painting more than a photo. I consider them, "fine art", but never once gave thought to someone wanting to purchase one for themselves.

 

[SrisonS]

Legal or not, i think you should be fine in honoring the occasional request. It might be a whole other ball game if you make an online store or something though. But other than that, I'd do it. Plus how would Disney find out anyway!?!? And other people do it as well. In fact, some people even sell photo books of their work (check blurb.com); and that's really putting it out there.

 

[zackiedawg]

I am of the opinion that it is not legal...when it involves something that is copyrighted, patented, protected, or commonly identifiable as Disney. So I personally refrain from selling any such photographs. Shots taken on Disney property, but not of a Disney landmark, protected image, structure, or identifiable property or possession would likely pass legal muster...but that doesn't mean Disney might not go after it if they did manage to identify it. Disney in the past has been very aggressive in going after this type of thing.

However as Scott mentioned, the line between the legal issue and the moral issue is not as clearly defined - if Disney would likely have no way of knowing, the sales are not occurring online, and noone is reporting it, surely a person could get away with selling even very iconic and identifiable images of Disney. Whether that's something that would prevent you from selling such photos or not, is completely up to the individual. Personally, I wouldn't feel right with it, so wouldn't sell an image involving something like the castle, SSE, tree of life, a ride, a sign, specific Disney font, a resort hotel, or identifiable architecture or characters. I would consider selling a shot that was a closeup detail of something like a flower, a macro, an insect, or an animal taken on property to be within my legal AND moral rights.

Again, to each their own on those definitions, and whether they think/feel they are breaking any laws or rules and how much they should fear potential discovery and prosecution.

 

[Groucho]

This is always a contentious topic. I fall pretty firmly on the side that finds it distasteful to monetize your amateur (read: not sanctioned by Disney) shots of Disney as a regular business. Interestingly, I think you'll find that the best photos are ones that are not being sold, but viewable for free on the internet, and often at fairly high resolution.

That being said, I don't see a problem with making a print for someone upon their request, with maybe a small token amount above the cost of printing going to the photographer. If you are concerned about legality, you can just ask them to pay for the cost of printing, or maybe claim a few bucks for your time in preparing it for printing (like cropping to the desired aspect ratio, etc), rather than for the actual image itself.

 

[pgowder]

I am of the opinion that it is not legal...when it involves something that is copyrighted, patented, protected, or commonly identifiable as Disney. So I personally refrain from selling any such photographs. Shots taken on Disney property, but not of a Disney landmark, protected image, structure, or identifiable property or possession would likely pass legal muster...but that doesn't mean Disney might not go after it if they did manage to identify it. Disney in the past has been very aggressive in going after this type of thing.

However as Scott mentioned, the line between the legal issue and the moral issue is not as clearly defined - if Disney would likely have no way of knowing, the sales are not occurring online, and noone is reporting it, surely a person could get away with selling even very iconic and identifiable images of Disney. Whether that's something that would prevent you from selling such photos or not, is completely up to the individual. Personally, I wouldn't feel right with it, so wouldn't sell an image involving something like the castle, SSE, tree of life, a ride, a sign, specific Disney font, a resort hotel, or identifiable architecture or characters. I would consider selling a shot that was a closeup detail of something like a flower, a macro, an insect, or an animal taken on property to be within my legal AND moral rights.

Again, to each their own on those definitions, and whether they think/feel they are breaking any laws or rules and how much they should fear potential discovery and prosecution.

As some of you know I have several iPhone apps that involve WDW photos.

I spoke to Disney Public Relations during the making of the first one. We didn't discuss selling them as fine art, but we did discuss using images in commercial ventures. The CM I spoke to said "they are your photos, you can do what you want with them".

They do have very strict guidelines on using photos that a WDW photographer has taken. But those are available for use.

Again this doesn't directly relate to selling WDW photos. But from my conversation Disney's stance on photos is pretty laid back.

It's in their interest for photos of WDW to spread! We are just doing free advertising for them.

Hey you know what, we should all just charge them for advertising when one of our photos hits Flickr Explore!

 

[manning]

Disney is built in such a way that when you take a picture you are on their property. That is, the ones that count.

Seems like this is the quirk of the law.

You own the copyright of the picture, however because you are standing on their property when you took the picture they control the legal right as to what you can do with the picture. In other words if they choose they can prevent you from selling it.

 

[twilson125]

Thank you everyone for your feedback, I wasn't sure what to expect when posting this question! The comments were so varied, each gave insight into an issue that has been on my mind for awhile ... also got to check out several links posted here with some pretty incredible shots of all things Disney -- Paul, I LOVE your work!!
Thanks again

 

[Gianna'sPapa]

I have a different spin on this topic. Since I own one share of stock in the Walt Disney Company, and therefore an owner, I am taking pictures of my property! Therefore, I can do almost anything with pictures of my property!!!!

 

[manning]

Since I own more than one share I out vote you, so I order you to stop or pay me $100.00 a picture

 

[Gianna'sPapa]

Since I own more than one share I out vote you, so I order you to stop or pay me $100.00 a picture

Check is in the mail! LOL