Disney is right

I’ve been getting lots of emails regarding this potential suit against Disney for its use of the character Peter Pan. But Disney is right — as we’ve been litigating in a related case, Somma v. GOSH, for the past year.

That case is about to get interesting. More soon.

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10 Responses to Disney is right

  1. Inspired by this request from AFUL a few months back:
    http://www.aful.org/presse/pr-20040426-ompi
    I think it’s time for a grassroots movement to help Disney defend our common right to the public domain.

  2. Inspired by this press release from AFUL a few months back where they requested a stronger commitment on the part of proprietary software manufacturers to uphold copyright laws, I think it’s time for a grassroots movement to help Disney defend our common right to the public domain.

  3. Anonymous says:

    Consider this, Disney changed the law to extend a copyright, they could afford it. This could lead to big corperations ensuring that new technolagies or ideas are never allowed into the public domain!

    Don’t forget that the results of the research into the human genome (somthing that already exists) are patented. So when the next miracle cure is created or Microsoft manages to patent the act of breathing in front of a computer we will all have to pay them to survive.

    Sounds far fetched? Men have walked on the moon you know and “managing ” the law looks far easier (and cheaper!).

    So Disney found a way to continue to make money and calls foul when others try the same thing (Microsoft again?), but was it really in the public intrest or is politics just another tool for business?

  4. A Nonymous says:

    There’s a site brings up the question “Did the Disney studio steal Kimba and rework it as their “original story”, The Lion King? “

    http://www.kimbawlion.com/rant2.htm#nowwhat

    For some reason this reminds me of the fellow who leaves the company he’s working for to start his own competing company and tells his lawyer two things , 1-could he find a way to break the non compete clause that he signed, and 2-could he create a non breakable no compete contract for HIS employees to sign.

  5. And how about this comment to Copyfight‘s post?

    Although it falls out of copyright in the UK in 2007, Great Ormond Street Hospital retains some rights to Peter Pan in perpetuity:

    http://www.hmso.gov.uk/acts/acts1988/Ukpga_19880048_en_21.htm#mdiv301

    It seems that Peter Pan will never enter into the public domain in the UK.

  6. Danny says:

    So is Mickey Mouse public domain in the UK, seeing as the Extended Copyright Act has no affect here, or does it?

  7. LuYu says:


    It seems that Peter Pan will never enter into the public domain in the UK.

    Here is what Pablo Rodr�guez’ link says:


    301. The provisions of Schedule 6 have effect for conferring on trustees for the benefit of the Hospital for Sick Children, Great Ormond Street, London, a right to a royalty in respect of the public performance, commercial publication, broadcasting or inclusion in a cable programme service of the play “Peter Pan” by Sir James Matthew Barrie, or of any adaptation of that work, notwithstanding that copyright in the work expired on 31st December 1987.

    This is just disgusting. I understand they want to fund their organization, but this is really over the top. I cannot believe an organization actually got a law passed to protect a single copyright. Should they not be spending that lobbying and legal money on their children?

    In any case, this cannot apply outside of GB. No international treaties could possibly recognize this.

    This particular law also is proof that the hospital’s spokesman was lying when he said:


    The spokesman says: “J.M. Barrie gave the copyright in Peter Pan to the hospital in 1929 and since then the royalties have been a significant but confidential source of income for the hospital. J.M. Barrie died in 1937 so copyright in the EU runs until 2007 and until 2023 in the U.S.”

    I would say 2023 is a far cry from “31st December 1987”. This just proves that even the most righteous organizations can be corrupted by money. Is this fraud?

  8. nick says:

    I cannot believe an organization actually got a law passed to protect a single copyright. Should they not be spending that lobbying and legal money on their children?

    The ‘organization’ didn’t lobby for the extension. GOSH didn’t spend any ‘legal money’ on it. It was taken up as an exceptional case by a former Prime Minister, and was done with massive popular support. And it’s one instance where I can look the other way. After all, Peter Pan never grew up.

    (Barrie passed on the rights for Peter Pan to GOSH in 1929, eight years before his death.)

    That said, I do think there’s a difference between performances, adaptations and derivative works here, and that GOSH ought not to be targetting the latter.

  9. tim boucher says:

    really though, peter pan is just a slightly reworked version of the robin hood legend anyway

    – quasi-magical dude with a green suit
    – woodland retreat
    – band of outlaws
    – authoritarian arch nemesis
    – female supporting actress

    its all right there

  10. A Key says:

    Although original Disney projects are beneficial and artistic, original works are better left untouched. For those who know the originals, Winnie the Pooh and Alice in Wonderland, were mangled beyond recognition.

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