Copyright vs Fair Use - For a Information Movie Site.

Discussion in 'Legal Issues' started by exodus, Nov 6, 2007.

  1. #1
    I would like to start a site that has information over different movies. It will not stream the actual movie. It will only carry information on the different movies that have been released or will be released. What type of copyrights does information on movies have? Can I legally use a movies name. Can I legally use the movie poster images from the movie? I can legally collect and use information of different movies? Does any of this fall under fair use? Does trailers for movies have any type of copyrights upon them or might need licensing rights before being able to use them? Even if I paste a streaming trailer from another site that allows streaming of the videos? Do you think adsense would ban me if I placed ad's on a site such as this?
     
    exodus, Nov 6, 2007 IP
  2. bluegrass special

    bluegrass special Peon

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    #2
    Facts about the movie are not subject to copyright (who was in it, how long it is, etc...). The title can be used so long as you are using it to talk about the movie. Movie trailers and posters are also copyrighted. Often times you can get permission to use them. If your site is commercial (has ads) then fair use will hardly apply to anything. Linking directly to infringing material is not legal in several places (contributory infringement). However, if the movie studio has the trailer on their site, you can link to the trailer page without issue. You can't, however, have the trailer open in your site (the link must go to the movie site). If you are not violating copyright Google will not ban you. If you do, Google might ban you if somebody reports you.
     
    bluegrass special, Nov 7, 2007 IP
  3. Electrix

    Electrix Peon

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    #3
    Lots of well known movie sites have ads and such. They post movie posters and trailers and don't get done for copyright. Studios are usually only bothered when images or footage they haven't released in on the site. Like set images the public have took.

    Just don't post images or trailers if you think they are dodgy. Trailers are copyrighted but once they are released they get uploaded onto YouTube and such websites so studios don't really care.
     
    Electrix, Nov 7, 2007 IP
  4. bluegrass special

    bluegrass special Peon

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    #4
    Lots of well known movie sites also have deals with the movie industry to be able to use the poster images and trailers. IMDb, for example licenses the trailers and posters they have on the site. Scour does as well. Each studio has slightly different rules. Studios have in the past (and will in the furture) filed lawsuits against people who use these images without permission. Movie posters and trailers may not be done for copyright, but they are still covered by it.

    The part about ads was only in reference to fair use. If a site has permission to use the posters/trailers then whether the site has ads or not is not an issue. If you are trying to pass off your use of content without permission as fair use then ads can make all the difference in the world.
     
    bluegrass special, Nov 7, 2007 IP
  5. jolly1eyed

    jolly1eyed Peon

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    #5
    Bluegrass is right. Fair use is one of the most misunderstood aspect of copyright.

    Bottom line...if you have any commercial interest, and their material is being used, fair use is out the window. Besides, one could easily argue that your use, in any form on your site, infers that the movie studio or copyright owner endorses your site. That alone is grounds for potential lawsuit.

    As far as is it worth it? That's all about risk vs gain....
     
    jolly1eyed, Nov 7, 2007 IP