Legal Question in Legal Ethics in Tennessee

Per the advice of a publisher, I need to find out if I am infringing on the copyrights of Disney and if so, how do I avoid that? I am writing a self-help book for young women that has the word Cinderella in the title and I explain in the open that it is based on the concept that most little girls are told the story of Cinderella when they are growing up - but what happens when they don't find prince charming or it doesn't turn out happily ever after. That's all I mention of Cinderella other than a few mentions of phrases like "I hope he found his Cinderella...." (meaning the woman of his dreams) and there are many references to "prince charming" in general... not meaning the one in the book, but rather the man of your dreams. I would be so grateful for your advice!


Asked on 1/27/12, 4:07 pm

1 Answer from Attorneys
Charles Bloodworth

Your queation deals with neither Legal Ethics nor Professional Responsibility, which have to do with a lawyer's duty to his clients. But it is interesting, and the answer is this:

The story of Cinderella is a folk tale over 300 years old. It is owned by no one, it is what the law calls "public domain." What Walt Disney has done is placed a certain images -- a screen play -- under copyright as his rendering of the Cinderella story.

For example, the actual drawings from the movie are the property of Walt Disney, so don't use them. But any reference to the poor girl, evil step-sisters, a prince charming/handsome prince, lost shoe, etc. and happily ever after belong to the world and you may freely use those elements in your book without infringing on anyone's copyright.

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Answered on 1/29/12, 6:39 am


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