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hatebreed0
Member Posts: 82
I have a dumb question.
I made a PB and a WS (Peacebringer and Warshade). In my character bio's I make reference to the Infinity gauntlet wars and a few other marvel characters. I was thinking about making a fansite with story lines about my 2 dynamtic duo's , but I don't think i could....Any feedback would be nice.
Comments
The EULA says that you can use them for non-profit purposes...
Also, be careful about referencing Marvel in your in-game Bio.
The in-game GMs don't like that kinda stuff and might change your name or bio if it violates any trademarks.
Also when you do your website be carefull of useing any copy righted material/artwork because unless you have written premision from the owner of said materal/artwork you have just opened your self up to legal ramification.
As far as mentioning Marvel character in you PB/WS origins/backgroup it depends on how you meantion them. Was it done in a way in which the CoX universe and the MArvel Universe are one in the same or did you referance is the Marvel Universe being a comic and the CoX universe being real (in game terms that of real). Cause if you did the former (MArvel universe and CoX unifverse as both real and one and the same) it may just end up being a matter of time before you find your Bio and or name wiped an made generic.
You need to remember that Marvel for almost a year was breathing down Cryptic/NC soft neak about intellectual property theft. So they are still very carefull about such things and you should be as well.
Other wise if you dont care do what you want and see what happens, just remember you were warned.
Flame on Ghost Rider Flame on
Target Aquired
Copyright is to keep others from making profit on their works. If the site is for non-profit and for educational means, you will not infringe any laws under fair use:
Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include —
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value of the copyrighted work.
Of course, if you are passing the stuff off as your own, you'd be in trouble. Just be sure to quote where you got stuff from and give credit where credit is due.
-W.
Profit is not a factor in determining fair use, only in recouping losses.
Fan fiction is not educational. Read the USC again:
criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research
Marvel can certainly shut down your web site. The entire purpose of Marvel's characters are to tell fictional stories...you think if you use their universe to tell fictional stories and post them for the world to read for free, that's not infringing?
Now, will Marvel pay their lawyers to shut you down? Most likely not. But all it takes is one email or letter, and I'm sure they send out hundreds each year.
Also, if you are not sure how far Marvel will go, look into their ridiculous lawsuit against Cryptic/CoH years ago.
The best rule of thumb I've ever heard for copyright law is this:
Anything which could potentially diminish the creator's ability to make money off his own work is liable.
For example, if I was to clip a Dilbert from the newspaper and reproduce it in a newsletter of my own, that's infringement whether or not I had any intention of making money on it. Because each person who's seen it now has less reason to buy that strip in a book, calendar, or other publication. It doesn't matter if I made money off it, only that Scott Adams could potentially make less.
So use your judgement with anything Marvel related. Artwork is almost certainly off limits. Story might be too, if you give away too much information then that diminishes the appeal of the original work.
Of course, practically speaking, it's really what you can get away with. Non-infringements still might result in a "cease or desist" if they feel it's worth the threat. Or the opposite happens, people get away with stuff they shouldn't. But the safe and probably moral rule is this: display your own work, link to someone else's.
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