Is it legal to use image from ABC for a fan site?

Question

I am trying to make a Pushing Daisies fan site with images for the layout and etc. They won't be used to generate a profit.

Is this legal? And which images can I use? I have screen capped a few from the show's original broadcast, is that fine?

I'm in dire need of help. Please answered fully and specifically. Thanks!

And, of course, I will definitely add credit!

I would use images from the Pushing Daisies offical website/images from the show directly***

I tried contacting ABC, but they won't respond (it's apparently a volume problem).

And I want to know if it's fine to manipulate the said images for layouts, etc.

Answer 1

First, copying the logo is likely copyright infringement. Second, utilizing the logo for a website may be trademark infringement. Depending on additional facts, you may be infringing other intellectual property rights, as well.

Providing credit is absolutely useless with regards to copyright and trademark infringement. Also, whether you generate a profit is generally irrelevant with regards to copyright and trademark infringement. For example, giving away bootleg DVDs is still illegal regardless of whether you give credit or whether you make no money from it.

While a "fair use" defense to copyright infringement may be applicable, I have not seen any case law with regards to its application to fan sites. At this point, any discussion of fair use is purely academic and is not something I would rely on.

Further, "fair use" is a very subjective determination and very dependent on the judge. Anyone who says they know for sure something is "fair use" probably has little or no experience with fair use litigation. Just research the case law on fair use and you will see similar cases where one judge finds fair use, and another judge finds the opposite.

No, you cannot manipulate someone else's images as your own. That is known as a "derivative work" in copyright parlance. A copyright owner has rights not only to his/her original work, but also to derivative works.

For more information on copyright law, consult the Copyright Office circulars. A link is provided below.

http://www.copyright.gov/circs/

For more information on trademark law, consult the Trademark Manual of Examining Procedure. A link is provided below.

http://tess2.uspto.gov/tmdb/tmep/

As practical advice, I suggest you try to get permission. If you cannot get permission, you risk being sued. That said, whether ABC actually comes after you is a question no stranger here can answer.

Answer 2

Without considering the obvious factors (e.g., using it for profit, etc.), my take on the issue is this:

Technically, it's not illegal to use copyrighted material if they're considered "fair use". "Fair use" refers to how the image is being used. If the image is being used for critical analysis (e.g., reproducing the image so that it can be commented on), or if it's being used for teaching purposes, then it would be fair use and would not require permission from the owner or whoever holds the rights. You could argue that you're using the material as part of a critical analysis. However... there are other factors....

Other factors would be: whether your use of the material gives the impression that you are in any way associated with the owner or whomever holds the copyrights; how much of the image you use; or whether the use of the material has the potential to devalue the market value of whatever the owner is trying to sell. It's these three factors (especially the first one) that I think have the most potential for causing problems in regards to an unofficial fan site.

My answer is yes, you could be subject to a lawsuit. My advice would be to fire off an email to their copyright staff and ask for permission.

Edit: Obviously, I disagree with the guy above me. I would have agreed with him 10 years ago. But I think the Internet has totally changed how we define "fan site" and how we apply copyright laws in cyberspace.

Answer 3

Everything ABC makes and broadcasts is copyright. Copyright in the USA attaches as soon as the material is created.

The person who said that broadcasting something makes it public domain is 100% WRONG.

There are two, and ONLY two, ways that you can use someone else's copyright material completely legally.

One is if you have the permission of the copyright owner - ABC in this case.

Two is under the "fair use" concept. Using the shows logo, or a couple of screen captures, on a fan site would "probably" be considered "Fair use" if the case ever went to trial.

BUT...... ABC has the resources to put you through a WORLD of hurt before you ever got to court if they decided to play hardball.

Best bet, get permission.

Richard

Answer 4

this is an evolving area of law.

see www.chilingeffects.org for definitive internet-era copyright law info.

in general, it is best to ask permission, and the best person to ask, is the one at the end of the email address on the show's official web site.

If you asked and they didn't answer, because they are busy or for any other reason, well then, that is your answer, even if you don't like it.

And it is definitely *not* fair use to create a derivative work by modifying the image, even if using it as is would be allowed under Fair Use exemptions. That is the very heart of the copyright protection.

Answer 5

Once an image (or footage) has been broadcast, it is in the public forum. It can be used by anyone for any purpose, as long as you give credit to the copyright holder. How do you think that The Daily Show and Sunday morning talk shows operate? They don't have to get permission for the news clips they use or pay for them. They just have to give credit to who owns them.

EDIT: I was referring to news footage in my original answer, but footage from a TV series or movie is treated in the same way. The only ban on using copyrighted material is if you just copy it and sell it. If you use the material in a critical review (like a movie review show or a fan site), it is not protected by copyright law because it becomes a portion of a larger work (your fan site). In your case, you can use large amounts of copyrighted material to enhance your fan club, but you can't rebroadcast entire episodes.

Answer 6

*I'm not sure exactly what you mean. Your really not clear.
If what you mean is that you want to use something
that appears on an ABC program for your own web
site,you better be sure that it is not trade marked by ABC Network.
They could sue you for infringement rights. It's best to contact the National Headquarters of ABC in NYC,NY.

Answer 7

Be sure you give the credit where its deserve. The person or thing being photographed, the person who took the photograph, who own the rights, and a direct link to ABC's version of it. Whatever you do just be sure that all of your t's and i's are crossed and that you make it so that a person can get to the direct source.

Answer 8

Yeah