The Disney Legal Eagles
Tad Stones
never worked on THE LION KING. I know the directors but have never asked
them about the genesis of the idea (which started years before with
George Scribner - OLIVER AND COMPANY). But I have had (unfortunately)
frequent dealings with the Disney legal department.
Yes, Disney goes out of its way to protect their copyrights and the value
of their creative products. They encourage other companies to do the
same and have often teamed up with other studios in legal actions.
The famous "Take our characters off your preschool walls." - This was
admittedly an overkill situation that the company remains embarassed
about. As I understood it, the concern is that (since it was a Florida
preschool) it suggested a connection with Disney. A child injured at the
preschool could result in a lawsuit against Disney. HB played it the
right way...they repainted the walls with their characters and included a
disclaimer.
Filmation's SNOW WHITE AND THE SEVEN DWARFELLES, PINOCCHIO AND THE
EMPEROR OF THE NIGHT (or whatever), etc.
My opinion was asked for in this case. Filmation announced a slate of
films and every one was a "sequel" to a Disney *film* - not the original
fairy tale. In fact a drawing that Filmation did of the Cheshire Cat was
found to be a clumsy adaptation of a specific piece of Disney ad art. An
agreement was reached (I forget whether it was in or out of court),
Filmation was allowed to proceed with it's film but Disney was able to
check the storyline and all model sheets to avoid anything based on
Disney's work. Changes were made and two of the films came out.
THE LION KING -
Disney had nothing to gain and plenty to lose if they intentionally stole
from another property. I vaguely remember Kimba from the TV show but I
never knew that it was based on a feature film.
If I was working on the TLK story and someone in the department said, "So
I guess you're basing this on Kimba, huh?" I'd reply "no" since I knew I
was making the stuff up. Now, if some anime fan in the department came
up to me with a detailed list of similarities and was irate about it, I'd
worry and hand the list over to legal without looking at it.
My own experiences:
I work in Disney TV Animation. Believe me, I know how conservative the
lawyers are because I am constantly having to cut things out of scripts,
or even finished film, because of legal concerns. Concerns from another
planet! I can't caricature a celebrity or use a sound alike because it
implies that the celebrity gave his permission. I can't use a product
name because it might be construed as an endorsement of the product.
I've had to avoid a lot of legal parody because another company "might be
disturbed." It drives us nuts that Tiny Toons and Animaniacs do it all
the time. Makes no difference to our eagles. (We think the references
are fun -- some of the writers of both shows are former Disney writers).
I had a fully animated gag in ALADDIN (the TV series) where Al says
"Genie! Stay here and guard the Sultan." Genie's eyes turn into blank
half circles and his ears grow to batlike proportions. A perfect parody
of the BTAS logo. He spouted off rapid fire dialogue about being an
"avenger of the night who hunts for evil as he leaps from one art deco
building to another." The scene turned to night and portrayed a
caricatured Gotham City.
"Genie, just watch the Sultan."
Genie morphs back to normal like nothing happened.
"'kay."
Really a nice bit but it ended up going. Maybe I'll upload a screen
capture after the show goes on the air.
Anyway, the legal department goes out of its way to avoid the appearance
of infringement. It's less work for them.
The above are only my opinions. I am not a lawyer. I have a lousy
memory. Please buy THE RETURN OF JAFAR and save your direct to video
pennies for next year's ALADDIN AND THE FORTY THIEVES. <a plug dontcha-know>
--
"Does this mean we can get a dog?" --Iago
Please send e-mail replies to : tad_s...@studio.disney.com