Disney Wants Your Stuff. (No, I’m serious, they literally say you own the copyright to your fanwork until they say that THEY own it, i.e. Welcome to the new Disney TOS, Baby.
First up, the link, so chill already: https://disneytermsofuse.com/ Your relevant and terrifying passage(s) are the entirety of Section 7. Go read it. I’ll wait.
Now. First thing to understand is that the legal language within the new TOS *implies* that Disney is only referring to people who use its services, people who clicked and agreed to this new TOS. But it’s implication only. That’s not what this TOS actually says.
This TOS spends a lot of time defining fanworks, or as they call it, User Generated Content.
They want to make it clear that,
a) You totally have the right to make User Generated Content (UGC) all you want.
b) You can put that UGC anywhere you want, whether they own the site or someone else does. What matters is that you’ve put that UGC in a publically accessible place…like, oh, AO3.
c) Disney spends a few breaths saying that the creator of the UGC owns the copyright to that UGC…except if you read those words carefully, they’re not guaranteeing you anything, because THEY own the copyright.
d) Disney then says, since they own the copyright to your UGC, they can literally do anything they want with it. They can steal it, crib it, use the entire thing as their own, make money off of it, reprint it, ANYTHING–and you do not get credit. You do not get paid. You do not get acknowledgement. You might get a DMCA telling you take down your UGC because it is now *their* content that they’re selling and how dare you steal from them. (No, I’m not kidding.)
e) Nobody seems to know a fucking thing about this.
f) The bullshit on Twitter over May the Fourth was just a smokescreen, sorry. https://www.theverge.com/2020/4/28/21238909/disney-star-wars-maythe4th-hashtag-copyright-contract-twitter
Disney doesn’t want your Tweets. They just wanted to see who was paying attention, and how, and if they could get away with it. (Yes, they did go after someone who reposted Disney’s own tweets. No more information on that yet.)
g) Yes, you should absolutely take this seriously. You should be terrified, because how many fan content creators have the bank to fight this if their “copyrighted content” that Disney specifies is still *their* copyrighted content is stolen? OTW exists for this very reason, but this is fucking Disney. They. Own. Almost. Everything. In. The. Corporate. United. States. Entertainment. Industry.
h) No, your MCU, Star Wars, Pixar, Disney animated films, ANY such fanworks, are not safe. If Disney likes it, they will take it. If you say they can’t, they’ll point to their new site-wide TOS and say that they can. Is that legal? Don’t actually know, but think about who’s in the White House right now. Think about who he’d support. Yes, the Library of Congress and the House of Reps are supposed to be in charge, but how long until we could push for them to deal with/fix this shit?
i) Yes, Disney is probably trying to steal content in order to survive the pandemic, seeing as their major sources of revenue (parks and movies) aren’t happening right now.
j) Yes, I will be removing my Star Wars content. I didn’t work on that fucking story for nearly 20 years just for some corporate shill to fucking steal it.
k) Someone who currently wishes to remain anonymous has pinged an OTW peep to see if they’re aware.
l) If they weren’t so specific to point out that they really do mean Any Public Place, I wouldn’t be so concerned…but it doesn’t. This isn’t just about their services. This is about the entire fucking internet.
That’s it. You guys now know everything I know, so no, I wouldn’t be able to answer any of your questions. I suggest spreading the word, if only so someone else with more information can step up and reassure us that Disney can’t do what they believe they can do…
…but it’s fucking DISNEY. They nearly destroyed Public Domain in the United States over fucking Mickey Mouse a hundred years ago. Do you really think they’re going to say, “Oh, sorry, our bad” about this?
OP is a hero for pointing this out. Some highlights from the terms of service:
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work…provided that such license shall be conditioned upon your assignment to us of all rights worldwide…in all formats and media…
In most instances, we do not claim ownership of your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights…for the full duration of those rights to use…and otherwise exploit such User Generated Content, in whole or in part…in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, without attribution (to the extent this is not contrary to mandatory provisions of applicable law), and without the requirement of permission from or payment to you or any other person or entity.
We may monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Disney Product, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to this Agreement, without prior notice to you.
you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights
Reblogged from: @deadcatwithaflamethrower
First Section, Second Paragraph B of the new Disney TOS, found here: https://disneytermsofuse.com/english/#These-Terms-of-Use-Are-a-Contract-Between-You-and-Us
“B. Agreement. You represent to Disney that you have read, understood, and expressly agree to be bound by this Agreement, and the terms, conditions, and notices contained or referenced herein, whether you have created a Disney account (and agree to this Agreement at the time you created that account) or whether you simply browse, use, or access a Disney Product offered directly by Disney or through a third party (and agree to this Agreement when you browse, use, or access any aspect of the Disney Product). If you do not agree to the Agreement, you may not use the Disney Products.”
Reblogged from @morgynleri
And just because that’s not legally enforceable doesn’t mean they won’t try to use it against people.
Hell, even if they don’t actively use it against people (and I’m not willing to bet on that), just that existing is going to cause people to delete or not post things they’re working on. Or stop working on things they’ve partially made.
Which is exactly what those fuckers want.
Remember they own Fox now too, so that’s everything from Sound of Music to Rocky Horror Picture Show to The Matrix
Holy shit I just realized they’re retroactively saying they now own all the x-files fanfic
