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demones_4
Joined: 04 Apr 2008
Posts: 8
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Posted: Thu May 29, 2014 10:41 pm
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Hello fellow forumers, I'm King Constantine Damaso, I'm currently working on a website that will upload a cosplay magazine (pdf) that can be downloaded for free and within the magazine were images of the characters from several animes that were used in cosplay suggetsions and an anime review (Kill la Kill, Jigoku Shoujo and The Melancholy of Haruhi Suzumiya).
I would like to ask if I'll be charged with copyright infringement by doing so. By far, the only thing that I've done is write the copyright text commonly seen in the corners of anime posters. I haven't asked for their permission and have no idea how to contact them. Please help me with this dilemma. We are looking forward for your generous response. Thank you!
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Spotlesseden
Joined: 09 Sep 2004
Posts: 3514
Location: earth
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Posted: Thu May 29, 2014 11:23 pm
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i would say you are fine, but I'm not lawyer.
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demones_4
Joined: 04 Apr 2008
Posts: 8
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Posted: Fri May 30, 2014 12:32 am
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Spotlesseden wrote: | i would say you are fine, but I'm not lawyer. |
-Thank you for your reply =) I hope someone who can enlighten us on this topic reply too =)
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Alan45
Village Elder
Joined: 25 Aug 2010
Posts: 10039
Location: Virginia
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Posted: Fri May 30, 2014 9:55 am
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So essentially you are asking for free legal advice, right? I don't think this is a service ANN provides.
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Polycell
Joined: 16 Jan 2012
Posts: 4623
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Posted: Fri May 30, 2014 11:51 am
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Word of caution: I ain't no lawyer
The review is likely fine if you don't use too much material(criticism is one of the things fair use and its equivalents were always meant to protect). The rest is a little iffier, but I'd suggest limiting the amount of material you use for cosplay suggestions to as little as absolutely necessary. The lines will vary heavily by jurisdiction.
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demones_4
Joined: 04 Apr 2008
Posts: 8
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Posted: Sat May 31, 2014 12:53 am
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Spotlesseden wrote: | i would say you are fine, but I'm not lawyer. |
-yep, kinda i'm just wondering if i can get advices online since we are running out of funds to even consider legal advice =)
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demones_4
Joined: 04 Apr 2008
Posts: 8
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Posted: Sat May 31, 2014 12:54 am
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Polycell wrote: | Word of caution: I ain't no lawyer
The review is likely fine if you don't use too much material(criticism is one of the things fair use and its equivalents were always meant to protect). The rest is a little iffier, but I'd suggest limiting the amount of material you use for cosplay suggestions to as little as absolutely necessary. The lines will vary heavily by jurisdiction. |
-thank you, it really helps alot even if you're not a lawyer =)
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Spotlesseden
Joined: 09 Sep 2004
Posts: 3514
Location: earth
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Posted: Sat May 31, 2014 5:15 pm
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demones_4 wrote: |
Spotlesseden wrote: | i would say you are fine, but I'm not lawyer. |
-yep, kinda i'm just wondering if i can get advices online since we are running out of funds to even consider legal advice =) |
'
I should say i'm not a lawyer.
Under the fair use low, you shouldn't have any problem big using few images.
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 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:
the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.[4]
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demones_4
Joined: 04 Apr 2008
Posts: 8
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Posted: Mon Jun 02, 2014 6:41 am
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Thank you for your comments guya =) same goes for cosplay right? plus i think it has a lower threat since it's a derivative
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