In May 2002, Yaba Baker was on a business trip in California when he saw a commercial for the Disney Princess product line. Looking at the princess’ faces on the screen, he wondered where the representation was for Black women.
Baker, who was already an author at the time, decided to create Princess Briana, first as a screenplay and then as a book. She is not your normal princess. She is independent, smart and down-to-earth. Instead of sitting around waiting for her prince, she is running a country and challenging conventional beliefs about princesses.
Princess Briana was published through Just Like Me, Inc., Baker’s children’s media company. The company has produced a series of books about Black inventors and Black history. Their goal is to improve how Black children see themselves, so they will have a better chance at a productive future.
The Princess Briana screenplay won second runner-up at the Hollywood Black Film Festival script competition. The book, which was used to promote the screenplay, was published in 2004 and resulted in a multi-city book tour with Borders, a national bookstore chain.
Just as he was gaining investors to turn his screenplay into an animated film, Disney made a big announcement in March 2007―they were creating the first Black Disney princess.
“I was really hurt,” Baker said. “I literally put everything I had into this; every extra moment.”
In February 2007, Gena Davis, a woman from Disney products, contacted Baker about submitting his book to animation.
“‘If you can send a couple of copies of the book, that would be great,’” she wrote to Baker in an e-mail. “‘I can then pass on to our Film/Animation team. If there is interest, they will contact you.’”
But they never did.
When Baker heard about their Black princess in April of the same year, he found the information suspicious, but he did not take any action until they changed the name from Maddy to Princess Tiana. The names and the change from maiden to princess were just too similar for him to let go. Baker believes the negative press they received about their first storyline, which would have made Maddy a servant to a white debutante, put pressure on them.
“They were in trouble and they had to save face, so they said ‘screw ethics, let’s just take it,’” Baker said.
In addition to the names, the princesses look similar. Baker said he can see that Princess Tiana’s face is thinner, but the eyes, face shape and lips are similar. He also said the names are similar enough to make people believe he modeled his character after Disney’s.
Baker sent the corporation a cease and desist order on Jan. 22, 2008, which gave a timeline of his publication process, Disney’s interest in his work and the evolution of Disney’s Princess Tiana.
Disney sent a response March 14, 2008.
“‘We have found absolutely no evidence that the design of the Tiana character or the choice of the name were in any way related to, or influenced by, Mr. Baker’s work,’” Jacob M. Yellin, a lawyer for Disney, wrote in a fax to Baker’s lawyer.
Yellin also said Davis was a temporary employee and the materials Baker sent to the office had been “promptly collected and sequestered by the Legal Department.”
After receiving the response, Baker said his lawyer was ready to give up, but he is not backing down so easily. Even though he cannot find a lawyer to take his case without receiving money upfront, he has been looking to get his story out to the public.
“They are really in a sense trying to destroy my dream,” he said. “Briana is my Mickey Mouse. She is the character I built my company off of.”
Disney was contacted, but did not respond by press time.
Jeffrey Harrison, a University of Florida law professor, said access to the material has to be proved, which Disney had. Harrison said the problem would be proving that Briana‘s expression had been copied.
“This kind of case comes up all the time, but copyright protects expression, not the idea itself,” Harrison said.
In a trial, Harrison said the jury would compare every element of the character, including their hairstyles, smile and hand placement. He also said Disney would probably say the similar elements, like the tiaras, pertain to all princesses. The names would be more of a trademark issue, but Harrison says names aren’t usually allowed to be trademarked.
The verdict would ultimately rest with the jury.
“Once you get to the jury, anything can happen,” Harrison said.
Baker plans on launching a media campaign to convince people to stay away from the theaters when the film comes out. He has been sending mass e-mails and contacting broadcast producers for radio and television. He also has a YouTube video in the production process.
After borrowing over $100,000 and staking his wife and daughter’s future on his dream, he refuses to let anyone take it from him.
“I spent a lot of time trying to represent her in an inspiring and beautiful way, so little girls could see themselves in her,” Baker said. “For someone to come along and say because they have more money and power they can just take it, is wrong.”
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