The New York Times‘s Brooks Barnes has some tantalizing details on “Escape From Tomorrow,” the art-house movie I blogged about yesterday, which was shot in part at Walt Disney World and Disneyland:
His cast and crew spent about 10 days filming at Walt Disney World in Orlando, Fla., and two weeks at Disneyland in Anaheim, Calif., he said. The end credits cite the involvement of over 200 cast and crew members, although only small groups entered the Disney parks at one time to avoid drawing attention.
Still, there were moments during filming that Disney clearly knew something was up, Mr. Moore said. “I think they probably just thought we were crazy fans making a YouTube video, which is something that happens a fair amount,” he said. He added, “Look, I have amazing memories as a kid from going to the parks. I think Walt Disney was a genius. I just wish his vision hadn’t grown into something quite so corporate.”
Barnes (and the headline writer) focus on whether this infringes Disney’s copyright. Judging from what I’ve read about the film, this sounds like fair use to me. Film insurers routinely require that filmmakers go far beyond what copyright demands and act as though fair use doesn’t exist, but the Stanford Fair Use Center has an insurer that will extend coverage to any film that complies with its broad, sensible fair use guidelines.
There’s a possible trademark claim, and I suppose that Disney could conceivable bring suit for violating the park’s terms of use, but these are much harder cases to make than copyright, and don’t have built-in, easy Internet censorship in the form of DMCA takedown notices.
Disney World Horror Fantasy Raises Knotty Copyright Issues
(Thanks, Jim!)