Song of the South is public domain in Japan so that stacked on top of the Uncle Remus stories also being public domain means that Disney might not have much of a say in removing them. Critter Country is also entirely themed around the ride so good luck getting them to tear out that entire area and retheme it.
In the context of their business relationship, Disney could apply
some pressure (realistically, at most, a "concerned" statement of "disappointment" that OLC isn't open to a change). It would never reach litigation, however, for either party, as both understand the importance of continuing to cultivate a mutually nurturing relationship, and because of the cultural context (I "know Japan" extremely well, and litigation in this sort of matter absolutely wouldn't happen).
I'm also a (former but still licensed) attorney with some background in IP law. I don't know Japan's IP laws, but
theoretically it's possible given long-arm statutes, Disney could sue OLC for
trademark infringement in a US court, despite
Song of the South being public domain in Japan. But that absolutely would never, ever happen (getting hit by lightning twice is more likely), and OLC probably doesn't have any property in the US to which a judgment in Disney's favor could be attached.
OLC pays royalties and covers (huge) R&D expenses for tech Disney can use in other parks, and Disney provides almost everything else. They benefit immensely from each other. If Disney goes crazy militant about it, perhaps they'd threaten to pull the license (I don't know if that's even possible in the comprehensive agreement), but it's almost unimaginable; it'd be absurd. The board would have to be replaced with lunatics, and the next CEO would have to be a lunatic to pursue it.
I fully expect coverage of it (Splash Mountain remaining in Japan) in Western media, when the Tiana ride opens. The
Times et al love to rip into Japan about that sort of thing, consistently pushing stories with the underlying themes of, e.g.:
- "Japan needs to become multicultural"
- "Japan needs to open its borders to the world (i.e., mass immigration) because it's facing a 'demographic CRISIS!'" (neoliberal economic dogma)
- "Japan needs to address its millennia-old and deeply ingrained standards of beauty and how it perceives [certain foreigners]"
- "Japan needs to address microaggressions against [certain foreigners]"
- "Japan needs to address its legacy of fear of [certain foreigners]"
That is, i.e., "Japan should embrace all 'progressive' American neuroses about [certain sociocultural issues], and change its millennia-old society and culture to be like ours." Not entitled or neoimperialistic
at all (sarcasm)
.
The articles will plug-in a few quotes by a few Japanese academics who've bought into the whole American take on ... all
that stuff ... to essentially condemn OLC. Vox,
The Atlantic, and the like will publish "this is problematic" think-pieces with titles like
Tiana Isn't the Most Popular Disney Princess in Japan, and That's a Problem, and a Twitter mob will start pestering OLC about it (petitions galore). I doubt OLC will care one iota.
Splash Mountain will stand strong in Tokyo.
. I'll argue till the day I die that Disneyland's Splash is a masterclass in themed design. Is the story as fleshed out as later iterations of the ride? No- but the fast pace limits the ability to effectively tell a linear story. The story is told well enough that the riders are able to feel satisfied by the experience when it's done. The set design and sound design go a long way.
