potential copyright issue?

[tinksmom02]

Hi, all, I don't know where else to turn with this and i know a lot of you are really smart when it comes to technology and such...

I just started a web design class for my grad studies. We have to create 2 websites over the quarter. The first one has to be hand coded (?? not sure what that means yet LOL), but not the second.

I've already decided that my 2nd site will revolve around young adult literature. The first site can be a little more personal, so I wanted to do a kind of trip report site revolving around my family's Disney trips. I was planning on using my own pictures, and my own information, providing links to my favorites sites and information on my favorite books, etc.

My prof thinks that I should contact Disney about copyright permissions. I kind of understand that, but isn't it the pictures that would be under copyright? And the pictures would be mine. I wasn't planning on "borrowing" any Disney images or anything, and if I wanted to use something, I would certainly go about trying to get permission first.

Should I scrap this idea, and try to think of another? I know other people have Disney-related websites; can anyone provide smoe insight here? It would be greatly appreciated.

[DizneyFreak2002]

I believe the pictues you took canb e used.. But, if you used any of Disney's actual images, such as stock photos, then you'd need permission... I see Disney images all over the internet, but I am not sure how many of the sites actually ask for permission...

[ibelieveindisneymagic]

I don't know a lot about website "rules", but I know in my grad school program the issue is referencing - as long as you give credit and properly reference the sites, photographer, author, etc it is alright to use in an assignment.

For example, giving a list of sites that you find useful, as long as you link to the sites, and give credit to the developers/creators it would be OK, but just using their work wouldn't be.

I don't know if your website is ever going to be "live", but that might make a difference, and take the issue out of the academic and into the copyright realm.

[Fangorn]

First of all, I'm not an attorney. On the other hand, I have taught a web design class or two myself and I have had to deal with this issue.

Your prof is being overly cautious. If, as you say, you plan on using your own pictures, then there is no copyright infringement. You own the copyright to those pictures. Merely posting the pictures on a web site does not constitute infringement of Disney's copyrights. Using Disney-owned material (logos, pictures, etc.) could get you in legal trouble under certain circumstances, but merely using an image of Mickey (with the appropriate copyright notice) isn't one of those circumstances.

In addition, since this is a project for a class, most everything is going to fall under the fair-use provision for educational purposes. As long as your not trying to make money off the site, there shouldn't be a problem.

If you ask Disney beforehand, they're just going to say "no" because that's the easiest thing to do.

Steve

[DizneyRox]

If you ask Disney beforehand, they're just going to say "no" because that's the easiest thing to do.
Steve
That's the truth. For them to spend any amount of time looking into your question would be crazy. Time is money, and as mentioned, it's easier to just say no and move on to the next denial.

[tinksmom02]

Thanks, all, you've definitely strengthened my resolve LOL The website will be going live, someday, but again, it's primarily going to be a family vacation website--our vacations just happen to take place in WDW ;)

And like I said, I have no intention of using stock Disney photos or images, anyway. I figure that contacting Disney would either give me a flat-out denial, or a request for $$$ to use their items, anyway.

But thanks again for your input! When it's finished, I'll have to put a link to it wherever that's allowed (under my user info?).

[LauraF]

Hand-coded means using HTML in a text file to lay out the site, as opposed to using a graphical editor, like Frontpage or Dreamweaver.

And Fangorn is spot on as regards copyright in this instance. It's exactly what I tell clients at work: If you took the image on your own camera, it belongs to you. If someone else took it, UNLESS they gave you copyright in writing, it belongs to them. If you are using too many logos or brand identity items (things that have a trademarked or registered look) you have a grey area and need to negotiate. "Too many" is often subjective however, based on the brand/owner . . .

It's great that your prof is making you aware of copyright - I get a lot of work because people who don't know this stuff get in trouble and lose the job/account and it gets offered to my company instead. But really, he's being overcautious here.

(I speak as a web designer/agency manager, whose been doing this for years, in case my credentials are in question.)

Good luck with the project!

[tinksmom02]

Hand-coded means using HTML in a text file to lay out the site, as opposed to using a graphical editor, like Frontpage or Dreamweaver.

And Fangorn is spot on as regards copyright in this instance. It's exactly what I tell clients at work: If you took the image on your own camera, it belongs to you. If someone else took it, UNLESS they gave you copyright in writing, it belongs to them. If you are using too many logos or brand identity items (things that have a trademarked or registered look) you have a grey area and need to negotiate. "Too many" is often subjective however, based on the brand/owner . . .

It's great that your prof is making you aware of copyright - I get a lot of work because people who don't know this stuff get in trouble and lose the job/account and it gets offered to my company instead. But really, he's being overcautious here.

(I speak as a web designer/agency manager, whose been doing this for years, in case my credentials are in question.)

Good luck with the project!

Thanks, but my professor basically shot me down on Disney. He said there were copyright issues, even if they were my photographs, and talked about some mom who got sued for $190 million because she used Disney images in her blog. I don't have that kind of money to kick around LOL and I just kind of assumed if he was against it from the get-go, he'd probably grade me pretty harshly on it, so I just gave it up. BUT after this class I will (hopefully) have retained enough knowledge that I could theoretically create a disney site on my own.

So now I'm using the idea I wanted to use for my second site, which is fine, but now I'll need another idea for that site. ARGH. But i don't have to hand-code that site.

Thanks, though!

[LauraF]

In this case, your prof is grading you, so you need to go with what he says.
(And if you did have $190 million to toss on a lawsuit, I would be impressed. :D )

[drummerboy]

In addition, since this is a project for a class, most everything is going to fall under the fair-use provision for educational purposes. As long as your not trying to make money off the site, there shouldn't be a problem.

1. The 'fair use' concept would best be left to an attorney to answer. Sometimes it's clearly black and white, more often it's gray.

2. The question of copyright infringement does not hinge on whether someone is making money off of the infringement.

Doesn't much matter now, since the prof won't allow the Disney site, but if you decide to go that route on your own later, you'd do well to consult an intellectual-property attorney first. It would cost you a whole lot less than $190 million. :D