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Copyright Law/Fair Use Law/Fan Based Card Sets
Topic Started: Feb 17 2009, 05:20 AM (1,188 Views)
tchalla
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Senior Member
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Hey, I understand that you guys don't care what happens and you want to do whatever you want to do regardless of the consequences.

I thought helping you to see the reality of the situation might help you make better decisions, but you simply don't care what happens or who you hurt with those actions. I encourage you to get permission from Steve and Miguel before posting your illegal stuff on their website. Then, if things happen, they at least gave you permission to bring the law after them.

I know Miguel REALLY wants to see some alpha Flight love in this game. Me, too. But I don't want to see anybody hurt over something like that.

So I'm going to back out of this one. You folks do not have my blessings to break the law. I simply won't get further involved in those discussions.

Have fun. Hope you don't go to jail. Hope you get permission before it matters. Hope it is worth it all, good or bad.
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carlosthedwarf
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Alpha Flight LIVES!!
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tchalla
Feb 19 2009, 11:17 PM
Hey, I understand that you guys don't care what happens and you want to do whatever you want to do regardless of the consequences.

I thought helping you to see the reality of the situation might help you make better decisions, but you simply don't care what happens or who you hurt with those actions. I encourage you to get permission from Steve and Miguel before posting your illegal stuff on their website. Then, if things happen, they at least gave you permission to bring the law after them.

I know Miguel REALLY wants to see some alpha Flight love in this game. Me, too. But I don't want to see anybody hurt over something like that.

So I'm going to back out of this one. You folks do not have my blessings to break the law. I simply won't get further involved in those discussions.

Have fun. Hope you don't go to jail. Hope you get permission before it matters. Hope it is worth it all, good or bad.
Wow, C. That was extremely heavy handed. [crazy]
Edited by carlosthedwarf, Feb 20 2009, 02:30 AM.
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lastchance
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I think I'm leaning on both sides of the fence. I'm going to continue to try and contact companies to try and get their blessing, but in the mean time I do intend to play with any sets that we can deem legal for the community's sake.
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owenstar
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tchalla
Feb 19 2009, 11:17 PM


I thought helping you to see the reality of the situation might help you make better decisions, but you simply don't care what happens or who you hurt with those actions. I encourage you to get permission from Steve and Miguel before posting your illegal stuff on their website. Then, if things happen, they at least gave you permission to bring the law after them.
See I agree with that....


I think the idea that if they arent looking, why show them....poll 1000 fan websites right now, or even just 100 and ask them if they have gotten permission from Marvel or DC....if the answer is no, then ask if they even tried...see what happens...

worth a shot....I honestly think the only people who probably care at this point is UDE rather than marvel or DC...
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HeroComplex
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Tchalla, a few issues.

Firstly regarding the artists that you know. Without more information, it's actually not clear that artists are even implicated in the fan set discussion. I would think that it's common for comic book artists to have work-for-hire contracts, in which case the law actually recognizes the two companies as the legal authors/artists. Outside of work-for-hire, contracts can also specify that the creators assign their copyrights to the companies. And in either of those examples, we'd want to know whether there are terms in the contract that set up royalties to the artist for future uses.

Also, there are different set proposals going around. Some like DSM2 use prior card art, while others like DCU use comic book art. It is not hard to imagine that the contracts for these two types of art might differ, so even if neither of the contract types that I described above were at issue, the effect on artists and the rights implicated need not apply uniformly across all fan sets. Similarly, it's entirely possible that Marvel and DC wouldn't word their contracts the same way, so that artists' rights might be different for Marvel fan sets than for DC ones. (During the rumblings about reprints, I remember posters suggested that Marvel might have more rights in their art than DC.)


Secondly, you're bluntly asserting that fan sets would be illegal. To make that assertion, you have to determine that there's no fair use defense. If that's your personal conclusion after looking at the law, I respect that. Or if you wanted to inform people about risks---give them information that would help them assess the likelihood of illegality for themselves, I'd be all for that. But if you're going to chastise people as "willfully" ignoring the law, I have to ask you to explain your legal reasoning.
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vashstampede99
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I tried to read all 5 pages of talk but honestly it kept be the same thing for the first two pages then the last two.

Why doesnt anyone just ask for permission to use it? That way you have that and can make all the happy go lucky fansets out there? Well anyone else besides lastchance that is if they want to do it. I mean you seem to be doing all your homework on it man and I wish you lot of luck.

If all else use what you know and what we are learning more and more about copyright to figure out something in it..loopholes etc. I am just saying I would love to see alpha flight love or even a HALO set it would be sweet but I do not want to loose any money i am a poor student as it is lol.
Edited by vashstampede99, Feb 21 2009, 02:08 PM.
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lastchance
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I'm still going to try and contact companies, but I think most everyone here is going to do what they want anyway. Somehow I've gotten myself torn between the two sides. I don't think it's going to hurt to make our own fan cards, but I also think we should get the ok from the companies. If I don't hear back from any then at least someone tried. In the mean time I say we just go ahead a do what we want and if a company doesn't like it they'll let us know and we'll stop.
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Luther Bob
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Well...after deciding not to speak on this matter again....my curiosity got the best of me tonight....so I read some more...and I wanted to say that I feel things have become much more civil on this thread in the last couple of days....

In other words....I'd like to commend and thank everyone for....well...being a little nicer. [coolguy]

[pirate]
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Kamiza
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I am actually trying to get some advice from an industry exec on the whole matter. I will update the community with any news I have.
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