I have worked with Disney's intellectual property teams in the past, and I'm blown away that this slipped under the radar. They are <i>very</i> up-tight about protecting their own IP and the brand of their princesses. If this were somebody selling a T-Shirt on eBay I would say, "Don't worry about it," but this is Disney. They know better. Their entire business model is based on intellectual property.<p>Time to lawyer up.
So far "the internet" seems to be on this artist's side, apparently because her work was stolen by a corporation. Recent history suggests, however, that if Andy Baio[0] or Shepard Fairey[1] had ripped her off, she would be excoriated for asserting her rights and lectured about the wonders of remix culture.<p>[0]<a href="http://lee-phillips.org/music/whoIsTheDick/" rel="nofollow">http://lee-phillips.org/music/whoIsTheDick/</a><p>[1]<a href="http://articles.latimes.com/2012/sep/08/entertainment/la-et-cm-shepard-fairey-20120908" rel="nofollow">http://articles.latimes.com/2012/sep/08/entertainment/la-et-...</a>
> I’m so mad because I have no chance at getting Disney to do anything about it.<p>For such a straightforward violation, I don't see why there's any call for pessimism. Send them an invoice for a worldwide license, follow it up with a lawyer letter (find someone willing to do no-win-no-fee if you want) once the invoice is overdue.
The cosmetics bag looks like a straightforward copyright violation.<p>The second example, where no artwork was copied but there may have been some influence, is more complicated. How do you prove the inspiration came from the "stolen" art, and not Disney's own film or the original story?<p><a href="http://www.cornel1801.com/disney/Alice-Wonderland-Painting-Roses-Red/videosong.jpg" rel="nofollow">http://www.cornel1801.com/disney/Alice-Wonderland-Painting-R...</a>
Further proof that large media companies don't actually care about intellectual property. They care about <i>their</i> property.<p>Whether it is Disney stealing lions[1] or Fox stealing songs[2], their concern for your property is non-existent, but they are willing to throw you in jail if you think about using theirs.<p>1. <a href="http://en.wikipedia.org/wiki/Kimba_the_White_Lion" rel="nofollow">http://en.wikipedia.org/wiki/Kimba_the_White_Lion</a><p>2. <a href="http://www.hollywoodreporter.com/news/jonathan-coulton-glee-controversy-baby-415443" rel="nofollow">http://www.hollywoodreporter.com/news/jonathan-coulton-glee-...</a>
Before they take down the cosmetic bag entry at <a href="http://www.disneystore.com/alice-in-wonderland-cosmetic-bag/mp/1328029/1000291/" rel="nofollow">http://www.disneystore.com/alice-in-wonderland-cosmetic-bag/...</a><p>Screenshot here:
<a href="http://i.imgur.com/tr2FZ3c.png" rel="nofollow">http://i.imgur.com/tr2FZ3c.png</a>
Disney has a reputation for doing everything in their power to deliver exceptional customer service and epic experiences. They even run a company that teaches other companies how to treat customers right. <a href="http://disneyinstitute.com/" rel="nofollow">http://disneyinstitute.com/</a>
Personally, I think this is a perfect opportunity for Disney to make a HUGE PR WIN, by apologizing, and paying out a nice and fair royalty without a fight. I would be very disappointed if they miss this opportunity.
My advice is to do <i>something</i>. Disney doesn't know they infringed, some sub-sub contractor did this. But eventually, they will find the image and assume that the <i>original author</i> is the infringer, and they're sticklers about this.<p>If the author does nothing, she may find herself in the unfortunate position of spending lots of money in court to prove that she didn't "steal" her own picture.
If this is all handled positively it could be a win win.
Having Disney license your artwork is something most designers would be glad of reputation wise.<p>I think she needs to lose the angry tone pronto and at least 'appear' more phlegmatic about it.<p>And there isn't any particular need for panic I'd have thought as it looks like an open and shut case in terms of infringement.<p>The person who is in deep trouble is whoever knowingly infringed, they could be out the door.
FIND/HIRE A LAWYER ASAP!! You definitely have grounds for this case. If you think it may be too expensive, I suggest using Lawdingo (<a href="https://www.lawdingo.com/lawyers" rel="nofollow">https://www.lawdingo.com/lawyers</a>) as you can cold-message/chat with lawyers for free. I am positive that if everything you have presented is true, someone or another will be more than willing to represent you and help you take the appropriate action.<p>Really sorry to hear about this but best of luck, its unfortunate this happens with such large companies. Nonetheless, hope it gets resolved soon--good luck!
I'm of course just guessing but this seams more like the result of a lazy (unscrupulous) designers hired by Disney rather than a corporate decision to ignore copyright.<p>This doesn't make the situation of the author any better, the author should at least talk to a copyright layer IMO.
Given Disney made their fortune from reselling public domain stories then suing anyone who infringed on their IP, this story comes as no surprise. Though that doesn't stop me feeling wound up that they consider themselves above the law, and sorry for the injustice against the author.
As people suggest - hire a lawyer.<p>And see this blog (<a href="http://youthoughtwewouldntnotice.com/blog3/" rel="nofollow">http://youthoughtwewouldntnotice.com/blog3/</a>) where people post other rip offs of their work.
If your artwork was stolen, you should file a police report to get your stolen property back.<p>It seems what has happened, however, may be a copyright infringement, which is <i>not</i> theft. If that is the case, you should talk to a lawyer about filing a copyright claim against Disney.
Does anyone know what these things typically settle for? My guess is she is going to see something like $30k within the next few months.<p>Here is a link to the bag in their store:<p><a href="http://www.disneystore.com/alice-in-wonderland-cosmetic-bag/mp/1328029/1000291/" rel="nofollow">http://www.disneystore.com/alice-in-wonderland-cosmetic-bag/...</a>
I would honestly lawyer up in this instance. Disney from what I've seen are usually very thorough with their IP, I'm surprised something like this has happened and I am sure it's an honest mistake they will rectify. There is definitely a case here, but it doesn't seem as straightforward as some might think it is.
Perhaps she should leave a comment to this effect on the store page: <a href="http://www.disneystore.com/alice-in-wonderland-cosmetic-bag/mp/1328029/1000291/" rel="nofollow">http://www.disneystore.com/alice-in-wonderland-cosmetic-bag/...</a>
I wonder what license the image was released under. While this could have been deliberate by Disney, I doubt they would use a (seemingly) very popular design on production material.<p>Then again, things like this have happened.
I'm sorry I didn't read all the comments, but couldn't it be that the artist was inspired by Alice in Wonderland (1951) movie?
The silhouette resembles to that of Alice: <a href="http://images4.wikia.nocookie.net/__cb20110816104841/disney/images/a/ae/Alice_KHREC.png" rel="nofollow">http://images4.wikia.nocookie.net/__cb20110816104841/disney/...</a><p>...just saying.
I presume everyone knows the birthday cake story. A small bakery allowed kids draw digitally that the bakery could print on the cake. As kids like to draw things they have seen or things they know, many drew characters of Disney. Disney made a legal move and shut down the bakery as the kids were stealing their IP.
I wish Tumblr had some sort of attribution engine that helped hunt down the original sources for images and text posted to its site. I know people would probably object to force attribution being injected into their posts, but there ought to be some easier way to track down original material in this network.
Katie, consult with an IP attorney to see if you have a case in the first place. They may be very costly especially if you're suing Disney! Then, if you want to proceed, try to hire them on contingency. You have nothing to loose, if you win, they will earn a share (probably a third) of the settlement/award.
The bag, absolutely - take them to the cleaners.<p>The t-shirt image, you have no claim - it's a lot more similar to the depiction in their own film of Alice in Wonderland, from the stripey socks to the shape of the roses. No reasonable jury would find for a plaintiff on that claim.
The bag is definitely an infringement, but it gets complicated, because she ripped the background from a website. The t-shirt seems different enough to be legal.
"...I created at University and I was proud of it in many ways.<p>Disney have used it..."<p>If she passed any English classes or graduated from the mentioned university, then she deserves a tuition refund.