Salt Lake City, UT asked in Copyright for Utah

Q: Can a kids theatre company write their own version of a Disney production and use it as a camp for kids?

Related Topics:
1 Lawyer Answer
Mark B. Saku
Mark B. Saku
  • Intellectual Property Lawyer
  • Seattle, WA

A: Most likely no. A creative work based on a previously created work is known as a "derivative work" and requires the permission of the original copyright holder in order to distribute or publicly perform the subsequent work.

There are exceptions available, (and maybe some defenses to copyright infringement claims), but with Disney, you probably want to be very careful and have an attorney review your production every step of the way. A knowledgeable attorney would be able to advise how to best structure and protect your derivative creation in order to avoid the legal hassle that likely await.

DISCLAIMER: Please note that this answer does not constitute legal advice and does not create an attorney-client relationship with myself or Mark Saku Law, PLLC. This answer should not be relied on since each situation is fact specific, and a lawyer should always be sought out directly when a legal question arises.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.