News New Gondola Transportation - Disney Skyliner -

donsullivan

Premium Member
I didn't think so. Thank you for the information about it. I thought they'd have to give credit.

For the record, and whoever did create the image they used, it was WFLX/WPTV (Fox 29/NBC). They possibly could have been given credit but I didn't catch it if they did and I doubt they did. It's not normally a news station I watch.

As I recall, wasn't the BLT construction denial required by the fact that they had not yet obtained all of the licensing and permits needed to market that as a 'Vacation Club' in Florida yet? A similar thing happened when Aulani was under construction and they had to cancel a bunch of marketing/sales events at the last second when they found out they didn't have all the licenses and permits needed for the marketing and sales. That one cost a few people their jobs at DVC. The rules around that stuff are extremely strict in that they cannot even acknowledge the property until they have all of the licenses and permits in place and approved.

As for the Gondola, they could just announce that whenever they want. My guess is they keep it quiet and it becomes part of a big presentation at D23 Expo this summer.

I also think the copyright part on the imagery would likely be covered under Fair Use by the news media in reporting a story.
 
Last edited:

Kman101

Well-Known Member
As I recall, wasn't the BLT construction denial required by the fact that they had not yet obtained all of the licensing and permits needed to market that as a 'Vacation Club' in Florida yet? A similar thing happened when Aulani was under construction and they had to cancel a bunch of marketing/sales events at the last second when they found out they didn't have all the licenses and permits needed for the marketing and sales. That one cost a few people their jobs at DVC. The rules around that stuff are extremely strict in that they cannot even acknowledge the property until they have all of the licenses and permits in place and approved.

As for the Gondola, they could just announce that whenever they want. My guess is they keep it quiet and it becomes part of a big presentation at D23 Expo this summer.

That's true about the timeshare stuff. There are strict measures they have to follow. It's just funny to me to see them deny blatant construction. I know they have to do that.

Agreed on the gondola. I doubt they will feel forced to say anything but it's interesting that it's picking up traction all over the news. I'm sure they're not thrilled but I doubt they are panicking either.
 

donsullivan

Premium Member
They can't, and the license holder (licenses are automatic and assumed on the behalf of the creator) has the right to demand compensation for the use.

News outlets can use the well documented 'fair use' practice in the use of imagery or other copyrighted materials in the course of reporting a story as news. That doesn't mean every blogger on the internet can use any photo they want without penalty (although in the Disney blogger space many think they can) and just call it news to get away with it. Fair use applies to what most reasonable people would consider to be a legitimate news source like a newspaper, magazine, TV network, local affiliate or similar. Most reputable ones will indeed work to get permission for use (I've had some approach me to use photographs in the past) but some focus a little more on the deadline.

here is a good page to describe Fair Use if you're really bored.

http://www.dmlp.org/legal-guide/fair-use
 

PREMiERdrum

Well-Known Member
News outlets can use the well documented 'fair use' practice in the use of imagery or other copyrighted materials in the course of reporting a story as news. That doesn't mean every blogger on the internet can use any photo they want without penalty (although in the Disney blogger space many think they can) and just call it news to get away with it. Fair use applies to what most reasonable people would consider to be a legitimate news source like a newspaper, magazine, TV network, local affiliate or similar. Most reputable ones will indeed work to get permission for use (I've had some approach me to use photographs in the past) but some focus a little more on the deadline.

here is a good page to describe Fair Use if you're really bored.

http://www.dmlp.org/legal-guide/fair-use

I sat through a 10 hour seminar with our attorney about a month ago, and 1/3 of it was spent on the evolving Fair Use exemption in the age of digital and new media... things have changed, quite a bit. Photos that exist in the public domain can generally be used under fair use depending on the TOS of the social media site they've been posted to. Composites and other artistic works aren't as easily nailed down.
 

ToTBellHop

Well-Known Member
They can't, and the license holder (licenses are automatic and assumed on the behalf of the creator) has the right to demand compensation for the use.
Doesn't that depend on the privacy policies of the website? For example, images shared on some types of social media are free to all.

Usually good journalists would at least place "(courtesy of _______)" on the screen.

Just realized the person above me said the same lol

If you want to be protected, water-mark.
 

PREMiERdrum

Well-Known Member
Doesn't that depend on the privacy policies of the website? For example, images shared on some types of social media are free to all.

That had been assumed in many cases but it has never been completely cut-and-dry. Terms of Service do play a huge role, but the way in which you're using the image. Also, most of these types of permissions are specific to photographs, not illustrations or graphics.
 

donsullivan

Premium Member
I sat through a 10 hour seminar with our attorney about a month ago, and 1/3 of it was spent on the evolving Fair Use exemption in the age of digital and new media... things have changed, quite a bit. Photos that exist in the public domain can generally be used under fair use depending on the TOS of the social media site they've been posted to. Composites and other artistic works aren't as easily nailed down.

I'm not by any stretch suggesting that everyone uses Fair Use properly at all but it is the first defense many media outlets will use to defend themselves. Trust me, I've fought countless of these including reaching financial settlements on 3 copyright claims with foxnews.com for photographs of mine published on their website without permission or compensation and have a couple of others working their way through the process now with similar outlets. They tried to claim fair use but in all of my cases, they were not reporting news but the content was used for things like places to see good fireworks, or 5 places to visit in the Pacific Northwest this spring and similar.

It's not normally about the subject (photo, drawing or otherwise) but how it is being used and presented that can make the determination of whether it can be classified as Fair Use. But the bottom line is, it's a horribly complicated topic with very few hard and fast rules; much of it ends up being up to interpretation and intent.
 

larryz

I'm Just A Tourist!
Premium Member
Regardless of how they spin this, it's exciting to see that they're proceeding apace.

I can't wait to see Don's first photos of lightning bolts slamming into the towers with Spaceship Earth in the background...
 

kpilcher

Well-Known Member
I sat through a 10 hour seminar with our attorney about a month ago, and 1/3 of it was spent on the evolving Fair Use exemption in the age of digital and new media... things have changed, quite a bit. Photos that exist in the public domain can generally be used under fair use depending on the TOS of the social media site they've been posted to. Composites and other artistic works aren't as easily nailed down.
Indeed. Fair Use practices are changing fast, but, trust me, plenty of lawyers fight to argue against its existence and love to send out bills. In our newsroom, we usually seek permission before re-posting or using anything, and we definitely cite/credit our sources, no matter if it is on Facebook, Instagram, YouTube, or here on WDWMagic. That's not just to protect us legally, but we also think it is the right thing to do. There is some grey area when something is "going viral," as the hip kids call it, But I'd say 90ish% of the time we seek permission in advance.
 

SteveAZee

Premium Member
For those familiar with other gondola systems, how complicated can they get? I guess I'm wondering if there's a network of gondolas somewhere that show (like with a subway system) a variety of separate lines with shared junction stations for transfer. Are there cities (or resorts) that have multiple interconnected lines?
 

Lift Blog

Well-Known Member

DVCOwner

A Long Time DVC Member
Once complete can this be expanded? I wouldn't be shocked to see this go to Disney springs and other Epcot area resorts in the future.

I was told serval years ago that Disney wants to reduce the use of buses on property by about half. I think this system is just the first step in adding new transpiration system to Walt Disney World. Something is going to have to connect Disney Springs to the parks if Disney is really planning to reduce the use of buses.
 

Register on WDWMAGIC. This sidebar will go away, and you'll see fewer ads.

Back
Top Bottom