Would I have to get permission from the folks at Disney in order to write a book about a rape at Disneyworld?
If so, would they grant permission?
Scott
From your post it’s not clear whether you’re talking about fiction or non-fiction. In either case, they don’t need to give permission, and I’m sure they wouldn’t if you asked.
However, if it is non-fiction, make sure that all your facts can be substantiated - if you’re sued for slander you’ll want to be able to defend yourself. It’s likely that Disney would not sue, since the lawsuit would likely garner more attention than the book would, but there’s still the chance of legal action.
IANAL, BTW.
Fiction… sorry about that.
On a recent visit to the Disney megaplex, the subject of just how safe DisneyWorld is came up. Which led to the hypothetical situation of writing a fictional book about when something like a rape happened on the grounds.
The question then came up about permission. We both assume that the Disney and DisneyWorld name are trademarked and/or copyrighted, which led to the questions posted above.
To an extent it has already been written. If you are speaking of non-fiction you can say whatever you want, as long as you can prove it is true.
If you are talking fiction, then you are more limited in your ability to use their name. My understanding is that because their name is trademarked they can control its use in commercial endeavors, and fiction is purely commercial. There is a reason that most books, TV shows, and movies generally avoid using real company/product names.
That may well be the first time I’ve ever heard anyone say, “it’s likely that Disney would not sue”. The Walt Disney Co. is rabid about protecting their reputation, their trademarks, and their copyrights. I’d avoid using their name, if at all possible.
Stephen King uses brand names all the time, but I believe they are used in a relatively positive context – somebody drinks a Coke and is refreshed. In a negative context – somebody drinks a Coke and dies – King or his publisher, I suspect, may well be sued. So if a character goes to Disney World and has fun, Disney might not sue. If a character goes to Disney World and is raped, Disney might sue.
Wasn’t it Ugly Kid Joe (who?) who sang “Madman in Disneyland”?
I did a quick search, but couldn’t find anything saying whether they had been sued or not.
-David
According to a Dateline report some lowlife grifters “faked” a rape on Disney World property in order to sue. The victim, a willing accomplice, was beaten and sexually assaulted.
Well, wasn’t there a song a few years ago by a band called Dada, Called “Dizz Knee Land,” and didn’t they choose that odd spelling precisely because they were advised that Disney might take legal action against them?
I don’t say that Disney would have WON such a lawsuit, but they could have put a relatively poor, unknown band in the poorhouse, by the time legal battles were done.
Well what if there were no mention of Disneyland at all? What if it were something incredibly similar, such as astorian’s Dizz Knee Land with its mascot, Ricky Rat? Something where any half-intelligent audience would be able to discern that the author was actually referring Disneyland? (Sort of like a Pokemon/Digimon thing)
Would Disney be able to sue over that?
The issue here would be “defamation of character”. If Disneyland sued you for depicting a fictional rape scene, they would have to prove that their trademark was sullied as a result.
An incidental rape in the restroom behind “It’s a Small World” probably wouldn’t raise much of a fuss. You can always argue that you used Disneyland to add realism, as well as juxtaposing the innocence of the Disney image against the horror of the crime. Your publisher might be worried about using the Disneyland name, however.
On the other hand, writing a novel where the main focus was the rape at Disneyland, and adding such details as Disneyland executives trying to cover it up, or writing about Disneyland employees who form an underground “rape cult”, ain’t gonna fly. They might even come after you if you changed the name of the park and all the rides, especially if the resemblance between your fictional amusement park and Disneyland was obvious.
Even though the song has some negative context (“I just killed a man/I’m going to Disneyland”), you would almost think it would increase the recognizability of the Disneyland name and therefore not necessarily be a bad thing.
I think we would have heard more if a lawsuit had been filed…
One would think that would be fairly difficult to prove in either case that you presented. One might also think that it would be pretty diffult to smear the Disney name with a work that was recognizably fiction and not based on any alleged real life event.
Oh, and BTW…
If any of you do decide to write a book like I’ve described, I’d like a small percentage.
At the very least, a thank you in the intro? Please??
Sidenote: Digimon came first.
–Tim
There was also a band called D.A.D. They were originally called Disneyland After Dark, but were smart enough not to use that name once they got signed.
Remember this: Disney makes roughly 22 billion a year from everything it’s name entails ( parks, rights, movies, gumdrops).
You make (insert amount of peanuts you work for) and your net value is: ( List body parts and cd collection)
You against them in court, I’d pick them.
Chose a fictional setting: Pick Wally World, then you can call it W.A.D
Actually, it’s not really defamation of character. It’s more along the lines of trademark dilution. The idea is that by associating Disey with an unsavory event you’re devaluing their trademark by sullying the mouse’s sterling reputation. I’d stay away from using any of Disey’s trademarks IIWY. If you use any of their trademarks they’ll be all over you like white on rice. Even if they don’t win they’ll break you so bad your grandkids will be born wearing barrels with suspenders. But they’ll probably win.
If you’re writing fiction stay away from any of Disey’s real trademarks and don’t use anything that could be easily identified as Disney (that rules out “Dizz Knee” and so on). If you’re chronicling a true event, you’ll have more leeway to describe what actually happened, but you won’t get away with linking the mouse and his pals to stuff you just made up.
IAAL, BTW.
Regards,
Zappo
How much should one differentiate the “fictional” theme park from the actual one?
For instance, if the story called for an adventure that took place SniedlyUniverse with a chase scene through TomorrowWorld in Teacop that climaxed at the top of a geodesic sphere that housed the Rocketship Earth ride, many people would probably be able to tell that it’s a thinly veiled reference to DisneyWorld with a chase scene through Future World in Epcot with a climax on the geodesic sphere that houses the Spaceship Earth.
But if one ignored getting that specific and just wrote about an adventure in a theme park that climaxed on a geodesic sphere, would that work any better? I think most people would recognize that landmark for what it is.
I imagine it would make a difference whether you used the name Disneyland in the book’s title or not. However, I do often see the registered trademark symbol attached to brand names in printed text–even song lyrics–but not consistently.
Skott, if I were you I’d go with your second choice. Set the story in a theme park and work in elements like the sphere or whatever, you’re on pretty solid ground that way. Just stay away from anything that draws direct parallels to Disney. Call your theme park Skottland or something.
Don’t go for the obvious tipoffs like “Rocketship Earth” or “Tecop.” Subtelty is the key here.
This story sounds pretty good. Can’t wait to see it. I will get an autographed copy of the first edition, right? 
Yer pal,
Zappo