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New Media, New World, New Opportunities... But Is It Legal?

Taylor English
Taylor English

We live in the age of the digital remix. The tools of creators, that a generation ago were available only to huge studios and professionals, are now available to anyone with a smartphone. But the meme culture, remixes, and fan fiction may have legal limits as "derivative works" that may or may not be considered "fair use" under copyright law.

In a recent viral phenomenon, fans of the 2007 Pixar/Disney movie RATATOUILLE created a "musical version," attracting big-name talent and huge buzz among the younger generation looking from relief from COVID-related "safer at home" orders. Does Disney have the right to shut it down? Probably, but the Mouse House decided to let this one get away and benefit from the free publicity since #Ratatousical was a short-lived charity effort. 

But the last chapter on this copyright-enforcement story has not been written... yet...


 

Is #Ratatousical Legal? At first glance, no, it's not. Copyright law in the United States grants copyright holders exclusive rights over derivative works - creations that use major elements of a copyrighted work. But it seems that, despite its history of being very protective of its properties, Disney has given the project its blessing. In early December the company provided a statement to The Verge, saying: "Although we do not have development plans for the title, we love when our fans engage with Disney stories. We applaud and thank all of the online theatre makers for helping benefit The Actors Fund in this unprecedented time of need."
blogs.findlaw.com/...
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Taylor English
Taylor English

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