Introduction

Much confusion has been raised regarding Disney's stance on copyright law, specifically in the context of using stories created by others and lobbying for changes in copyright legislation. This article aims to clarify these misconceptions and provide a comprehensive analysis of Disney's approach to licensing and copyright.

Disney's Use of Stories Created by Others

Disney, like other major studios, often licenses stories created by others. This practice is common and can be traced back to time-honored works such as Narnia. However, it is crucial to understand that Disney does not claim ownership of the original works; they create their own unique adaptations that are copyrighted. For instance, while The Little Mermaid is a well-known tale in the public domain, Disney has a copyrighted version of the tale with their distinctive characters and storytelling.

Public Domain and Licensing

Many classic stories, such as those of Cinderella, Pinocchio, and Snow White, exist in the public domain. This means that no one owns the original versions of these stories. Instead, Disney takes these tales and transforms them into their own copyrighted properties. This process involves licensing the use of the original stories and then creating a new, unique iteration that is protected under copyright.

Payments for Rights

When Disney uses stories not in the public domain, such as works by the Brothers Grimm, Hans Christian Andersen, or Victor Hugo, they pay for the rights to use these stories. For example, the estate of P.L. Travers received a significant payment when Disney adapted Mary Poppins. Similarly, the estates of A.A. Milne and E.H. Shepard were compensated for the rights to Winnie the Pooh, and the estate of Dodie Smith received payment for 101 Dalmatians.

Disney's Stance on Copyright Law

Disney has not lobbied for the alteration of copyright laws as some have suggested. Instead, they support the concept of copyright protection but advocate for a longer duration. Disney believes that copyrights should expire but that the duration for copyrights of corporate-owned works should be extended to 95 years. This stance is consistent with their adaptation of public domain stories into copyrighted works.

Controversy and Criticism

The revelation of Disney's approach to copyright has led to criticism, particularly regarding their lobbying efforts. However, it is worth noting that not only Disney but also other major film studios and content creators were lobbying for copyright extensions in 1998. The Sonny Bono Copyright Extension Act, passed in 1998, was a collective effort by the industry to ensure the protection of their intellectual property.

Current Legislation

Since the passing of the Sonny Bono Copyright Extension Act, there have been no significant copyright extension laws proposed in Congress. This suggests that the industry's support for extended copyright protections has subsided, at least in the broad sense. It is important to recognize that while Disney does advocate for longer copyright terms, they also pay for the use of other copyrighted works, ensuring a balanced approach.

Conclusion

Disney's use of stories created by others and their advocacy for longer copyright terms are part of a broader industry landscape. While there may be ongoing debates about the balance between commercial interests and creative rights, it is essential to understand that Disney follows legal and ethical practices in their use of intellectual property. The company recognized the importance of respecting original works while also advocating for fair and comprehensive copyright protections.

Understanding Disney's approach to copyright and licensing provides valuable context for discussions about the complexities of intellectual property in the entertainment industry.