Non-creative works of the same fallacy include the Lincoln/Kennedy comparison, the one book (can't remember the name) that seemed to predict the sinking of the Titanic decades earlier, and the various Nostradamus "predictions". Also see the Birthday Paradox.
Yes, but creators will typically only be aware of a few thousand. And the Disney staff had indeed watched the original.
I got the legal thing from the article so not sure if its accurate or not. And also if you don't let other do the same with your work then your own excuse don't hold anyway.
But the real kicker is that Disney made their fortune from leeching stories from the public domain: The Little Mermaid, Sleeping Beauty, Jungle Book, etc.
Which I guess answers the question about whether you can have your cake and eat it. In Disney's case, you can.
FTFY. Also http://artlawjournal.com/mickey-mouse-keeps-changing-copyrig...