Regarding an earlier post titled #DisneyMustPay, PG conducted a Google Search as follows:
The eighth item that appeared in the Google search results was the following:
Clicking this Google link lead PG to the following:
As indicated by the link, the document was a PDF with a header appeared to be something like a letterhead without any address that said “The Walt Disney Company” with the “Walt Disney” portion of the header depicted with the font that appeared to PG to be that of the well-known Disney trademark.
Document was titled:
STANDARDS OF BUSINESS CONDUCT –
As PG glanced through the document, he saw sections headed with Antitrust Laws, Securities Laws, etc.
One section in particular caught his eye. It was titled, Intellectual Property.
Here is an excerpt from that section:
I. INTELLECTUAL PROPERTY
I. INTELLECTUAL PROPERTY
The federal copyright laws have rules governing the use of books, movies, records, and other works.
The United States Copyright Act protects original “works of authorship fixed in any
tangible medium of expression.” The owner of a copyright has the exclusive right to reproduce the work, to create derivative works, to distribute copies to the public, and
to perform or display the work publicly. Any violation of a copyright owner’s exclusive right constitutes an infringement. A person who infringes a copyright willfully and for commercial advantage is subject to criminal as well as civil prosecution. Every Cast Member and employee acting on behalf of the Company must honor all copyrights held by other companies.
There are circumstances, however, where it is proper to reproduce portions of
copyrighted work for purposes such as criticism, comment, news reporting, teaching and research. This is called “fair use” and does not constitute copyright infringement.
Since copyright infringement issues are often highly technical, Cast Members and
employees should consult with the Corporate Legal Department whenever there is any question as to permissible use.
. . . .
Cast Members and employees should assist the Company in protecting its copyrights, patents and trademarks.
The Company has an extensive and valuable collection of copyrights, patents and
trademarks. Substantial effort and money is expended to protect this valuable property from infringement. Any Cast Member or employee who knows or suspects that someone has infringed a copyright, patent or a trademark of the Company should advise the Corporate Legal Department.
PG thinks it’s quite nice that all Disney Cast Members e.g. employees are educated concerning the rights of a copyright holder and are informed that any violation of a copyright holder’s exclusive right is an infringement. They are also taught that copyrights can be “valuable property.”
PG didn’t see any portion of Disney’s Standards of Business Conduct that said anything about the importance of paying royalties to a copyright holder under a publishing contract or similar copyright licensing agreement, but a reasonable person might conclude that this was a logical extension of Disney’s recognition of the value of copyrights.
P.S. to Disney’s counsel: PG did note that at the bottom of each page of the Standards of Business Conduct – Legal Standards document you included the following:
© Disney. All Rights Reserved.
PG recognizes Disney’s copyright to this document. Should you misperceive PG’s use of excerpts from your much longer Legal Standards document as infringement of your rights under US Copyright laws, PG will direct your attention to Section 107 of Chapter 1 of The Copyright Law of the United States, which permits the Fair Use of material protected by copyright for the purpose of commentary and other purposes.
PG will extend his commentary to state that Disney should pay royalties according to contract provisions when it uses someone else’s copyrighted material as provided in that same contract. See, for example, PG’s earlier post titled #DisneyMustPay.
Love and Kisses, your friend, PG