Is it technically legal to take in revenue from a fan site. For example, if a webmaster made a site all about a particular video game or television show, would they legally be able to make money from such a site? Isn't the material copyrighted? Thanks.
i pretty sure it not illegal, but if the material on the site is compyrighted which is already against the law and can be sued, the fact the webmaster making money would only make them be sued for more.
Make sure anything you use falls within fair use. Your first move should be to contact the network and get permission. Whether you are in the right to use whatever you do or not isn't the issue. The owner can sue you just the same. For example, maybe you take a screenshot of the show off your TV, post it on the site and talk about it. That might be considered fair use in a court. However, the owner can still think otherwise and sue you. If you don't have money for a legal defense, it doesn't matter if you were right or not.
There is a difference between Trademark material and copyrighted material, and it's illegal to use either one for profit without permission. Trademark violation is using another entity's brand or likeness in a way that deceives people into thinking it is endorsed by the TM holder. Copyright infringement is passing off someone else's intellectual property as your own.
No, it is technically copyright infringement, but most of the time the companies will not mind unless you register the actual product name, or if you post negative content about the product. That being said some companies have been known to go after their trademark, and claim all the domains which violate their trademark. You also are more likely to get contacted by the company if you have no content on the site and all ads. Basically if you think it from their point of view, they don't mind the positive press, but if it is even a little bit negative they may take the domain away from you. Tom
Here's an example. Let's say you take screenshots of a Xbox video game and post them to your website. You would be violating Microsoft's (or the game maker's) copyright. By the way, you could also be violating their trademark on your site. It's not one or the other. Another example, If you buy a domain that is Xboxwhatever.com, you could be violating Microsoft's trademark.
A lawyer explained to me that if an entity does not protect and defend its intellectual property - including trademark, copyrights, etc. - it risks losing them. It doesn't matter whether you're using them in a positive or negative way, they are required under the law to take action if they are aware of it. An extreme example of this would be Disney suing a daycare years ago because they had pictures of Goofy and Mickey on the walls. There are exceptions, according to this attorney. Newspapers, magazines, comedians, television and radio shows, and other mediums are allowed to use likenesses and whatnot under certain legal conditions, but it's best to ask a lawyer if you think you may have a real moneymaker idea. I'd hate to see it taken away from you...
That's correct. You, the owner, are responsible for defending your own work. What you referred to is fair use. In the Disney case, they probably would not have a great shot at winning, because (1) they don't offer a painting service in the defendants area to paint Disney characters on the wall, (2) It was not being sold, (3) the location and use and so forth. This reminds me of the case that involved a defendant being sued by Castle Rock, because the defendant sold a Seinfeld Aptitude Test. It showed pictures of scenes and asked questions to see how much Seinfeld you really knew. The court decided that the book filled a market niche that was aside from the original market. One of the main factors was the Castle Rock didn't have a similar book out. They also looked at the amount of original content used and context. Additionally, they briefly looked at if the defendant notified the plaintiff of the defendant's plans. You will want to locate and Intellectual Property lawyer. If you can't afford it, you can always dig around in case law for months on end trying to figure out what's ok.