Selling photographs you took at Disney

godders

DIS Veteran
Joined
Jul 3, 2014
Hi everyone

So someone I follow on Instagram just announced their website is up and running for selling their photos which include photos taken at Disney.

I thought it was illegal to do this? I tried searching online but I wasn't able to find anything definitive so I thought I'd ask you Disney gurus haha

Anyone had any experience with this? This person has thousands of followers so it's possible if it is illegal Disney will be on it like sonic but I wasn't sure.
 
I am pretty sure you have to get a pricey license to take photos at Disney if your intent is to sell them. That's also why wedding photographers sneak their parties into the parks, the fees are so high for official photography. That person may have a license from Disney? If not, it surely is probably not legal.

Actually, I found this article which explains fair use which selling pictures clearing doesn't fall under: http://blog.wdwinfo.com/2013/09/03/...-from-publishing-photos-of-walt-disney-world/

Oh, and from Disney's website:

Professional Photography and Recording Equipment

Professional photographers with professional cameras or recording equipment, who are visiting Walt Disney World Resort with the intent to take photographs or recordings of people, Walt Disney World Resort properties or icons for professional purposes must make prior arrangements with Walt Disney World Resort Media Relations.
 
I know a few photographers who have gone through the licensing to legally sell Disney-content photos...it's pricey so one generally must weigh whether they expect to get their money back from sales to see if it's worth it. Now, the fine line is whether the photograph has anything that is identifiably 'Disney', that can be considered trademarked, copyrighted, or protected imagery...they can't really ban any photograph taken on Disney soil from being sold. They can ban images that include content that can be clearly identified as Disney - like their buildings, park signs, characters, etc. They can ban professional photographers and equipment from park entry without prior permission if they choose. But once a person gets admitted with a camera to their property and takes a photograph - that photo can be generic and unrelated to anything Disney holds rights on - such as a photo of a duck (other than Donald and family), or a closeup of a flower, a sunset without an identifiable building - even a closeup of an architectural flourish, etc. and still be legally sold. Whether Disney decides to challenge or not is up to them and you take your chances as a photographer to sell content taken in Disney parks...but I think you're taking a little too big a risk if you're trying to sell photographs of the castle or Mickey Mouse without a license or permission!
 
I am not going to give you a legal answer at this but there are plenty of people who have sold images taken at Disney. I have sold a few and I have friends who sell many. I also have some friends who are photographers for big unofficial online magazines which have large paying readers.

To the best of my knowledge Disney wont really come after people unless they are selling images of the characters. I have been told by friends that's a sure fire way of putting you on Disney's radar.
 


There are a few ways that Disney can control images. But they actually don't have the ability to just stop people from taking and selling photos of their property. There really are no intellectual property rights to things like buildings. They have a trademark in their buildings and characters, but trademarks are not exclusive rights. (There was a court case years ago, about Coca Cola signage being used in a movie... The Court ruled that Coca Cola did not have the ability to prevent the use of their trademarks. The mere presence of Coca Cola would not make anyone believe that it was an official Coke movie. Similarly, there was a case about Disney characters being used in a satirical comic -- Disney did not have the right to prevent the use of their characters).
The greatest way Disney can limit commercial use, is to make it part of the contract when you enter the park -- The fine print on your ticket, that you agree your photos won't be used for commercial purpose. It likely does appear on your ticket. But small print like that isn't always enforceable.
Anyway... it's actually not an easy answer as to when and how it's allowable to sell photos taken at Disney property.
 
A Google search I did, today (050419) lead me to other boards that say it's okay. I'm going to keep the particulars of omitting Characters and try to put my pics on photo apps like Foap and Dreamstime.

My pics are from a VERY early model digital point/shoot of my trip in 2009, so I can't even say they'd get approved for quality.

But doesn't hurt much to try!
 
I cannot imagine a stock site would accept any photos obviously taken within the park if you do not have license/permission from Disney

Technically Disney could enforce sales of anything that is copyrighted; most likely except for the charachters they won’t go after every one selling park images

Look up the Eiffel Tower at night photos for a relevant example, the lights are copyrighted making it illegal to sell any night time photos of the tower illuminated. Day time photos are fine.

Similarly no reputable stock site will buy night images of the Eiffel Tower unless you have a license but the copyright owner does not pursue everyone out there with images for sale as there are too many and likely the only penalty/payment is taking the sale down. If a big magazine runs a cover shot of it though with large circulation I would bet the copyright owner would look into it

And those are taken from public areas, Disney pictures are likely taken on private property so they can easily control the rights even if you pay tthem enter
Some of the Navajo lands out west with entry fee parks you are not legally allowed to sell images of without a license from the tribe but many people do. I paid for licenses to photograph at Antelope Canyon (not just a Photo tour but a liecense from the Navajo nation) but suspect I am in the minority to have done so.
 



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