Introduction

Posting videos of meeting and greeting characters at Disney Parks on YouTube is a common practice among families and visitors. However, the legality of this practice can sometimes be unclear. This article aims to clarify whether such actions fall under fair use or constitute copyright infringement, with insights from legal and practical perspectives.

Understanding Fair Use and Copyright Infringement

Before delving into the specifics, it is essential to understand the concepts of fair use and copyright infringement. Fair use is a legal doctrine that permits limited use of copyrighted material without obtaining permission from the rights holder. On the other hand, copyright infringement occurs when someone uses a copyrighted work without permission and for commercial purposes.

Disney’s Policies and Agreements

Disney, known for its strict intellectual property (IP) policies, provides clear guidelines for visitors when purchasing tickets to their parks. According to the ticket agreement, guests are granted permission to take photos and videos for personal, non-commercial use. However, these permissions come with specific restrictions. Any use beyond these limits can be considered a breach of contract and may lead to legal action.

For instance, if a visitor claims that their video is posted solely for family viewing or personal use, it is generally considered fair use. However, if the video is used to generate profit or for promotional purposes, it would likely be deemed copyright infringement.

Common Scenarios and Their Legal Implications

Family Vacation Videos: If the videos are posted to document a family vacation, it is highly unlikely to be considered copyright infringement. The videos are used for personal or non-commercial purposes, falling within the scope of fair use.

Generating Profit: If the primary intention of posting the videos on YouTube is to generate profit, this action clearly crosses the line into copyright infringement. YouTube itself has strict policies against monetization without proper licensing, and similar actions would violate both copyright laws and platform policies.

Posting Videos of Character Interactions: Disney has made it clear that guests are not only allowed to take photos and videos of their interactions with characters but are also permitted to share these videos. This decision is guided by the principle of fair use. By allowing such usage, Disney saves legal fees and maintains positive customer relationships.

While it is technically true that videoing people requires their permission, the assumption in public venues like Disney Parks is that guests implicitly consent to being videoed. For instance, taking photos or videos of characters like Mickey Mouse in a public setting is generally considered "free advertising" for Disney, and as such, it is not typically pursued by the company.

The Legal Perspective

From a legal standpoint, the term "fair use" is interpreted based on several factors:

Contactual Restrictions: The ticket agreement sets the boundaries for fair use. Using the videos for personal, non-commercial purposes is considered fair use, while any commercial use is not.

Absence of Prohibition**: Disney does not typically prohibit video recordings in their parks. In fact, allowing such recordings is a strategic move to preserve brand awareness and maintain a positive customer experience.