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I Made a Fansite... Can the Owners Sue Me?

Discussion in 'Legal Issues' started by supernoobice, Nov 6, 2009.

  1. #1
    If I make a fansite. And I got the images from their main site. For example, Blizzard's world of warcraft have images and I used it to design a fan site/ website. Can they sue me for using their images?

    Thanks.
     
    supernoobice, Nov 6, 2009 IP
  2. azattacks

    azattacks Guest

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    #2
    If their content is copywrited, yes, but I would imagine they would first demand you remove the content before spending any loot on a copyright infringement lawsuit.
     
    azattacks, Nov 6, 2009 IP
  3. mjewel

    mjewel Prominent Member

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    #3
    All images, illustrations, content come with an automatic copyright. You cannot something you do not own without express permission - i.e. it's copyright infringement and possible trademark infringement.
     
    mjewel, Nov 6, 2009 IP
  4. DubDubDubDot

    DubDubDubDot Peon

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    #4
    The video game industry is pretty liberal about fan sites. Just don't do anything stupid.

    I don't run these types of sites, but if I did I wouldn't copy images that are design elements from the offical site. That might be pushing it.
     
    DubDubDubDot, Nov 7, 2009 IP
  5. anthonywebs

    anthonywebs Banned

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    #5
    Yes they can sue you. But if you had a website and someone made a fansite about it, I dont think you would sue your fans
     
    anthonywebs, Nov 7, 2009 IP
  6. WebsiteEdinburgh

    WebsiteEdinburgh Peon

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    #6
    Seeing as how Blizzard created wow, does that mean that if you took a screengrab of the game that would also be infringement?
     
    WebsiteEdinburgh, Nov 7, 2009 IP
  7. Marco1_79

    Marco1_79 Peon

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    #7
    They can
    but i don't think they will do
     
    Marco1_79, Nov 7, 2009 IP
  8. azattacks

    azattacks Guest

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    #8
    Again, while they do have that right. I highly doubt they would sue due to the cost and probably really bad PR (public relations) especially with a fan site.
     
    azattacks, Nov 7, 2009 IP
  9. dscurlock

    dscurlock Prominent Member

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    #9
    honestly, it would be a waste of time and money to sue a non-money making site...
    it would only give the company bad publicity for suing a fan site? how much
    dumber can you get...
     
    dscurlock, Nov 9, 2009 IP
  10. hmansfield

    hmansfield Guest

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    #10
    um...using images and protected graphics from someone else's site, and then turn around and wonder if they can sue you. That's about as dumb as it gets.

    Of course they could sue, you, ask you to remove the images, report you to your host and what ever else they see fit.
    No one here can predict what kind of trouble you are asking for, unless they themselves work in the legal department of Blizzard, so don't listen to arm chair lawyers that tell you that you are fine.

    The biggest problem with what you are doing (besides the obvious of stealing content) is that you are assuming that how you are representing the product is what they want and that they should be flattered. That's not your call to make because it's not your product...that's why they spend real money and hire professionals to do marketing the way they want it.

    Nothing wrong with having a gaming forum, but taking images from anyone, no matter how good your intentions is just asking for trouble and it's an amateur move.

    The funny part is if you just ask them for images for reprint, they will probably just give you an entire press pack. You caused yourself possible trouble for no reason.
     
    hmansfield, Nov 9, 2009 IP
  11. CodeEgg

    CodeEgg Guest

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    #11
    Technically, yes. But I highly doubt they would if it's just a fansite.
     
    CodeEgg, Nov 9, 2009 IP
  12. Alex Penketh

    Alex Penketh Peon

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    #12
    Blizzard give images away in what they call fan packs, they really wouldn't bother with you and they even encourage players to make fan sites, worst comes to worst they ask you to remove one or 2 images.
    If they do you do ofcourse remove the images :)
     
    Alex Penketh, Nov 9, 2009 IP
  13. azattacks

    azattacks Guest

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    #13
    I don't think anyone here is telling him he's "fine" I think the concensus is they are not 'likely' to sue even though they would have every right to and could. I'm sure a lawyer would say the same thing... Criminal Justice Major here, but still I guess Im an arm chair lawyer for whatever its worth.
     
    azattacks, Nov 9, 2009 IP
  14. mediology

    mediology Well-Known Member

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    #14
    I have/had TONS of fan sites including those where the actual game name is the domain name or using the game developers name in the domain.
    Over the past 10 years I have had only 2 issues:
    *I owned a game developers name in the .org extension and was contacted by their legal dept. He wanted me to transfer the name to them which I totally understood and after speaking to him for a while about the site etc. he offered to send me a few games for my trouble and also reimburse me the reg. fee.

    *Another developer was even nicer! The legal dept. contacted me, saw that I owned their newly released game name in the .com extension and they asked if I could transfer it to them. The lawyer also had a list of other names I could use in its place. He then allowed me to keep the domain name for a month so that current users of the site could change their book marks etc. He also sent me a very limited edition lithograph for my trouble.

    Of course these sites were ACTUAL fan sites. Tons and tons of content and users with a small amount of advertising. I am sure things would have been different if the sites were obvious MFA's etc.

    In terms of using the images it is not uncommon to use some from the developers site but it is definitely not legal although it is done all the time. Some companies are mmuch more aggressive than others when it comes to protecting their copyright.
     
    mediology, Nov 10, 2009 IP
  15. hmansfield

    hmansfield Guest

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    #15
    Dude. Just do it the right way and stop living on "hope", and how many other people do it and don't get in trouble. If you make sure that yours is done the right way, then you will have nothing to worry about.
     
    hmansfield, Nov 10, 2009 IP
  16. supernoobice

    supernoobice Peon

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    #16
    thanks for all the reply. im a designer and most of my friends wanted me to make a fansite of different kinds. just want to have a peace of mind and not get in trouble.

    many said "If done the right way".... WHAT IS THE RIGHT WAY?
     
    supernoobice, Nov 11, 2009 IP
  17. mjewel

    mjewel Prominent Member

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    #17
    Obtain express permission from the copyright holder to use the images is the only real way to 100% protect yourself.

    "Fair Use" is sometimes a defense - but this is a grey area and wouldn't apply if you are generating ANY revenue from the site. This would mean, no advertising, no memberships, no donations, no selling of templates, no money whatsoever. Of course even if you do this, they can still sue you, and you will be forced to spend vasts sums in legal fees to prove your "fair use" rights.
     
    mjewel, Nov 11, 2009 IP
  18. hmansfield

    hmansfield Guest

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    #18
    Don't steal images and don't infringe on anyone's Trademarked name or Copy write.
    How hard is that ?
     
    hmansfield, Nov 11, 2009 IP
  19. supernoobice

    supernoobice Peon

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    #19
    By not using images would mean, not design a fansite. or just a plain site thats unappealing. and it defeats the purpose of my question. and contradicting your statement that people are doing it and still not get sued.

    I think ill go with mjewel.
    If anything comes to worst. i guess it shall be a plain site it is.

    thanks
     
    supernoobice, Nov 11, 2009 IP
  20. hmansfield

    hmansfield Guest

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    #20
    Really? Is that the only way you can make a site.... by stealing images from another site ?
    Maybe you are in the wrong business.

    Let me spell it out for you.."Ask them for a press, or fan pack!". They have them readily available...they may even have press photos, screensavers, and wall papers right on the site for you to download.
    It's really not that hard, but if you just take it upon yourself to just take images, you are asking for trouble.

    They want the press. They want the promotions. They have all kinds of material for such things. They will give it to you freely if you just act like a real business person and request them.

    You can go to Gametrailers.com and get all the videos that you want to embed..there's tons of material for you to get if you just go about it the right way....you are making this more difficult than it is.
     
    hmansfield, Nov 11, 2009 IP