Isn't this all kind of irrelevant considering the film has already been shown at Sundance? I mean, what's the point of the argument here? You can't reverse or un-show what's already shown. And as far as Sundance goes, anybody with film credits can submit a work to be shown, but they don't require you to divulge the full story or content prior to showing, although, they do screen the films and select which ones will be shown, but it's based on a slew of criteria which they consider.
I should add to that the Sundance Institute has a policy for submissions where they encourage the filmmaker to get the necessary authorities and permissions for displaying of other copyrighted works in the film, but they do not enforce nor hold any liability for it.
From the Sundance 2013 submission guidlines:
It is the sole responsibility of the Applicant to secure authorization and permission from the copyright owner(s) of any and all copyrighted content or materials included within the submitted Film. The Institute expressly disavows any responsibility for, and will not be held responsible for, any unauthorized inclusion of any copyrighted content or materials within or relating to the submitted Film, including any content or materials that are or may become the basis for any third party claims for copyright infringement. The Institute reserves the right to disqualify, without refund of any or all submission fees previously collected from the Applicant, any Film with any unauthorized inclusion of copyrighted content or materials. In the event that any claim, dispute, action or proceeding shall be brought or asserted by any person or entity that alleges that the Film makes unauthorized or unlawful use of any copyrighted content or material, Applicant shall fully indemnify and defend the Institute, the Festival, and each of their representatives and affiliates from any liability in connection therewith and from any fees and expenses, including but not limited to attorneys’ fees, that any of them may incur in connection therewith.
It is the sole responsibility of the Applicant to secure authorization and permission from the owner(s) of any and all trademarked content or materials included within the submitted Film.
It is the sole responsibility of the Applicant to clear all content of the Film from any and all actual or potential legal claims and issues, including, without limitation, claims based upon theories of libel, defamation, invasion of privacy, violation of rights of publicity, theft of trade secrets, breach of confidence, breach of confidential relationship, and breach of express or implied contract (“Third Party Claim(s)”).
So, by their own rules, this film would seem to be in violation, but they clearly aren't concerned, since it has been shown already. Along these lines, I would think that IF Disney were aloof or cared about this, they could have petitioned Sundance not to show it and uphold their own rules, once word of it got out, which may not have happened until after it was initially shown.
