Marshalscienceguy Posted January 21, 2014 Posted January 21, 2014 Lets say someone wanted to make a fansite or sell fanmade products for a particular fanbase over internet. What would the legal ramifications be if they did not get copyright permission and how do you get said consent? How likely is it to be sued for a fan promoting and or selling fan products? Does anyone know anything about copy-written laws over the internet?
StringJunky Posted January 21, 2014 Posted January 21, 2014 You cannot legally create a "fan site" using copyrighted photographs without the expressed permission of the photographer or copyright owner. http://www.rightsforartists.com/copyright.html I would imagine this extends to items with original copyrighted images as well. If the images are your own creation, as long as they are not exact copies of trademarks, logos or said copyright images you are probably in safer water. 1
swansont Posted January 21, 2014 Posted January 21, 2014 IANAL, but I think for trademarks even if it's not an exact copy there can be a problem.
Phi for All Posted January 21, 2014 Posted January 21, 2014 If you're sick, consult a doctor. For this, I'll echo EdEarl's advice to consult a lawyer. There's probably some good boilerplate language you could use to secure the rights to use what others join your site to post. This sounds like it has the potential to be a critical issue for you, so I'd make sure to get professional advice.
John Cuthber Posted January 21, 2014 Posted January 21, 2014 You need to consult lawyers for each jurisdiction in which you will operate. Good luck.
Marshalscienceguy Posted January 22, 2014 Author Posted January 22, 2014 You need to consult lawyers for each jurisdiction in which you will operate. Good luck. Wouldn't internet cover all of them? Since its international.
Greg H. Posted January 29, 2014 Posted January 29, 2014 Get a lawyer that specializes in international intellectual property laws.
imatfaal Posted January 30, 2014 Posted January 30, 2014 Get a lawyer that specializes in international intellectual property laws. As a lawyer I have to stand up for the humanity of my profession (I understand this may be contested) - please could we rephrase as Get a lawyer that who specializes in international intellectual property laws.. And frankly that is gonna be ruinously expensive. First off I would chat to others who run websites that cater to a similar sort of fan-run website intended for other fans. Secondly speak to those who own the copyright of the images etc that you wish to reproduce; if they are happy for you to go ahead then the need for costly advice can be avoided, and if they are unhappy then it is highly unlikely that the sort of legal-team a fan would want to pay for would be able even to contest the copy-right holder's lawyer's first sally forth. Thirdly, maybe have a word with the guys at wikia - there is a lot of copy-righted content on the individual wikis hosted there. I am pretty sure not all will be there with the explicit consent of the copy-right holder - so worth exploring what a facilitator like wikia could tell you.
Endy0816 Posted January 30, 2014 Posted January 30, 2014 (edited) Country matters here more so than in most cases. US has a "fair use" provision. Other countries have different laws in place though. Main issue would be if you are making money off it. Second issue would be if the copyright owner feels they have an obligation to defend their copyright regardless. Third issue is if you and the copyright owner are in the same country. As it sounds like you are thinking of making money with this you would be well advised to go to a professional or at least jump over to one of the "ask a lawyer" sites. As a lawyer I have to stand up for the humanity of my profession (I understand this may be contested) - please could we rephrase as lol Images from the TV show V just popped into my head. Edited January 30, 2014 by Endy0816
imatfaal Posted January 30, 2014 Posted January 30, 2014 Images from the TV show V just popped into my head. I'll settle for alien over inanimate - I had forgotten V. I really liked it - must have been when I was ten or so when the original came out (the one with Freddy playing a goodie!)
Marshalscienceguy Posted February 7, 2014 Author Posted February 7, 2014 As a lawyer I have to stand up for the humanity of my profession (I understand this may be contested) - please could we rephrase as And frankly that is gonna be ruinously expensive. First off I would chat to others who run websites that cater to a similar sort of fan-run website intended for other fans. Secondly speak to those who own the copyright of the images etc that you wish to reproduce; if they are happy for you to go ahead then the need for costly advice can be avoided, and if they are unhappy then it is highly unlikely that the sort of legal-team a fan would want to pay for would be able even to contest the copy-right holder's lawyer's first sally forth. Thirdly, maybe have a word with the guys at wikia - there is a lot of copy-righted content on the individual wikis hosted there. I am pretty sure not all will be there with the explicit consent of the copy-right holder - so worth exploring what a facilitator like wikia could tell you. That was point of asking it here. I figured there might be some programmers/web designers here who maybe possibly had a website.
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