COPYRIGHT TIPS

  1. Copyright Policy

    We at The Walt Disney Company respect the rights of copyright owners, and we ask that you do the same. When the Internet sites owned and operated by, or affiliated with, the Walt Disney Internet Group family of businesses including, without limitation, Disney.com, ABCNews.com, ABC.com, ESPN.com, DisneyShopping.com, Go.com and FamilyFun.com (each, a "WDIG Site" and collectively, the "WDIG Sites") include features or activities that allow you to post content on the site, we encourage you to post your own independently-created work. We do not want you to post the creative work of others unless you have their consent to do so.

    Accordingly, the Terms of Use applicable to all WDIG Sites prohibit any copyrighted content from being posted on WDIG Sites without authorization from the copyright owner. When you post content on a WDIG Site, you are representing that you own the copyright or have all authorizations necessary to provide the content to us and to grant us a license to use the content on the WDIG Site and as otherwise authorized in our Terms of Use.

    Please do not post any content on any WDIG Site unless you own the copyright in that content or have the permission of the copyright owners of that content.

    If we receive notification that content has been posted on a WDIG Site in violation of a third party's rights or if we become aware of infringing content, we will remove or disable access to that infringing content. We also will cooperate with copyright owners to ensure that their rights under copyright law are protected. This may include providing the copyright owner with information necessary to identify the person who submitted the infringing material. In addition, we have adopted a policy that provides for the termination of the account of any person who is a repeat infringer. Copyright owners may have the right to institute legal action against individuals who post their works without permission and may obtain damages of up to $150,000 for each work infringed.

    Our Terms of Use describe in greater detail the representations you are making, and the license you are granting, when you post material on any WDIG Site.
  2. Copyright 101

    Copyright is the legal system for protecting the rights to original expressive works that have been written, recorded, or fixed in some other tangible form.

    Copyright protects a variety of creative works, including --
    • written materials;
    • music and music videos;
    • television programs (such as sitcoms, reality shows, talk shows, late night shows, newscasts, sports broadcasts and cartoons);
    • movies;
    • visual art such as paintings, drawings, sculptures and photographs;
    • choreography;
    • all kinds of video and audio recordings;
    • software code;
    • computer and video games;
    • and more.

    Content is generally protected by copyright even if it does not have a copyright notice.

    Just because a work is accessible to the public (e.g., on a website or on television) does not mean it is in the public domain. As a general rule, almost any commercially prepared content, except for very old content, is copyrighted.

    Information about the term of copyright protection can be found at the United States Copyright Office web site.

    Just because you own a particular copy of the work (for example, a DVD of a movie, a CD of a sound recording or a DVR or other recording of a television show) does not mean you own the copyright in that work, and does not give you the right to copy the work or distribute copies of it.

    If you are posting content that is entirely your own creative work, you are the copyright owner, and you probably do not have to be concerned about copyright infringement. However, if any portion of the content contains the work of others (including sound tracks, music clips, backgrounds, film clips or photographs), you need permission from all of the copyright owners to post it.

    You do not need to post another person's work in its entirety to infringe the copyright. If you modify another person's content or put together bits of content recorded or downloaded from multiple sources and you do not have the permission of all of the copyright owners, the modified content can still be infringing. Whether you use a large part of someone else's work or a small part, the underlying work is still copyrighted.

    You may be liable for copyright infringement even if you do not receive payment or anything else of value for posting another's content. Likewise, giving the author credit, or omitting the name of the author, does not avoid copyright infringement if you have copied someone else's work without authorization.
  3. Fair Use

    In limited circumstances, the unauthorized use of another's content may qualify as a "fair use." The fair use doctrine requires consideration of several factors and can be difficult to apply. In addition, if the copyright owner disagrees with your interpretation of fair use, you could be sued for copyright infringement. If the court agrees with the copyright owner, you could be found liable for monetary damages. You may wish to consult an attorney before deciding to rely on fair use as a defense to copyright infringement.
  4. Additional Sources for information on copyrights

    Unfortunately, we cannot offer legal advice to you, and we recommend that you consult your own legal counsel with specific questions.

    The United States Copyright Office and United States Patent and Trademark Office web sites offer additional basic information about intellectual property rights.
  5. Reporting Infringing Content Found On WDIG Sites

    You may report unauthorized posting of your content on a WDIG Site using the Infringement Notification Form and following Disney's Infringement Reporting Procedure. Only the owner of the intellectual property rights claimed to be infringed or the copyright owner's agent may submit the report.
  6. Procedure Following Reports Of Infringing Content

    If we receive a notice claiming that content you posted to a WDIG Site is infringing, we will remove or disable access to such content and notify you in writing that such content has been removed/disabled. You may file a Counternotice as provided in our Terms of Use. If you engage in more than one instance of infringing activity as determined by us in accordance with our Repeat Infringer Policy, your account may be terminated.
  7. Reporting Other Inappropriate Content Found On WDIG Sites

    Our Terms of Use list the types of content that may not be posted on WDIG Sites. If you encounter content that appears to violate our Terms of Use, we encourage you to report such content using our Content Report Form. We will remove any content we find that violates our Terms of Use.
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