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Post by TheOnePhil on Sept 2, 2003 2:59:42 GMT -5
Hi guys, just thought I'd post this in advance of the new Hulk/Avengers book.
Bear in mind I'm not a lawyer, or any kind of expert on copyright laws, this is just my understanding of the situation. However, when Marvel publish the official stats for guys like Hawkeye, Justice and Firestar (which I assume they'll do tomorrow), this site will be in breach of their copyright and they would be able to close it down or force the removal of the stats. I assume the same will be true of the members of Alpha Flight when the Wolvie book comes out, and of the Spidey villains when the NYC book arrives.
Anyhow, check the above out at your leisure, and hope everyone enjoys the new book when it comes out, feels like I've been waiting bloody ages for it.
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Post by angel on Sept 2, 2003 8:50:45 GMT -5
good point;
personally, i've been wanting to see stats of heroes that won't be published anytime soon:
( Battlestar, Andromeda, Gargolye, Sundragon)
that would keep this site fresh
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Post by chrisf on Sept 2, 2003 9:05:21 GMT -5
I know this argument and there is no argument really. Reason being that 'All images, likenesses and characters are the trademarks of Marvel'.
The problem is that anything published or owned by anyone else is their copyright and technically they have total right to stop anyone from using it.
Fan sites technically breach copyright all the time - whether it's a comic site, celebrity, band, movie, actor or whatever.
I think if a formal notice of trademark & copyright is made it makes things a little better as it shows we are not challenging ownership:
“We acknowledge that this character is the sole and exclusive property of Marvel Enterprises Inc. and we do not challenge that ownership in any form.”
There is no easy answer. Simply put there would be no fan sites of any kind anywhere if everyone followed the rules.
This is an endless source of debate. It's obvious that these sites are essentially free promotion for the company's products yet the company does have to enforce it's ownership of it's trademarks and property.
My opinion is that we are breaking rules, yes, but we are not stealing or profiting from it.
If I set up a site writing about how great Spidey is and all about my favourite issues and then post pics it is copyright infringement.
The point is: I'm not doing any harm to the company, and I'm actually promoting the character.
The only official way around this is by writing a mail to Marvel asking for permission.
There is no easy answer: follow the rules and have no fan sites. Ever.
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Post by piratespice on Sept 2, 2003 11:06:25 GMT -5
Fortunately, Marvel is very supportive of fansites (and so far QED, or at least Evan, seems to like MURPG forums). However, ChrisF's comment that we're not stealing profits isn't necessarily true. If we post stats for all the Hulk and Avengers characters, there is less need to buy that book. On the other hand, our stats aren't "official," which is a big selling point for licensed products.
I highly doubt that Marvel will come down on us for this, as long as we're not re-printing material straight out of the books. Even if they had a problem, they'd most likely start with a "Cease and Desist" order before taking real legal action. I wouldn't worry too much.
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Post by TheOnePhil on Sept 2, 2003 13:12:36 GMT -5
Have to agree with Pirate Spice, the danger is that if I can get Haweye's stats without buying a book, I might not buy that book. However, I also feel strongly about supporting a game I like and enjoy picking apart "official" stats so I'm likely to buy it anyhow.
Like Angel I think the time and efforts of posters would be better spent on characters we know are not going to be published within the next six months. DC have a whole continuity ripe for converting, as do Image and multiple other companies. Marvel has hundreds of characters unlikely to see print who have fallen by the wayside but who have real potential to spice up a game, the X-Men book missed out luminaries like Karma, Magma, Random and the Nasty Boys, all ripe for building and not likely to see print anytime soon.
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Post by chrisf on Sept 2, 2003 19:57:04 GMT -5
Well I respectfully choose to disagree - I'd 100% rather have the offical write-up than an unofficial one and if every single avenger & foe was written up and posted online by Joe Blow And His Monkey I would still buy the Avengers book because it's official, professional, glossy, yummy and gorgeous. This is just my opinion though.  |
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Post by cyclonekath on Sept 3, 2003 3:09:42 GMT -5
My view is the same, less the copyright side and more the why do work that will be ignored when official stats come out.
That and the fact my tastes already run towards the slightly more obscure people....
Cyc
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Post by angel on Sept 3, 2003 14:49:55 GMT -5
if you think about it, The Marvel Universe itself has a lot of characters that will never see the light of day (Battlestar, Andromeda, Gargoyle), or were omitted from previous sourcebooks (Syrin, Xcutioner, Stryfe)
so why do we start working on those instead of working on characters that will obviously make to future publications.
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Post by piratespice on Sept 3, 2003 20:21:09 GMT -5
Good point, Angel. Though I don't begrudge anyone posting characters that will probably be in upcoming books (or even alternate versions of published characters), I'd also like to see a concerted effort to stat up overlooked or unpopular characters. I, myself, will make a point of it.
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Post by i3ullseye on Sept 4, 2003 2:52:57 GMT -5
Add a tag... (Unofficial) and be done with it. Your own personal interpretations are fine... and if it pre-dates the release there is no copyright directly challenged.
Just having the name Hawkeye next to a guy with a bow that says he is an Avenger is copywrighted... the stats are secondary, so tehy copudl shut a site down at any time.
But again, fan interpretations are very well recieved by most companies... and those who don't? Well, they don't really deserve fan support now do they?
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Post by piratespice on Sept 4, 2003 12:01:36 GMT -5
But again, fan interpretations are very well recieved by most companies... and those who don't? Well, they don't really deserve fan support now do they? Well put, Bullseye. On that note, both Marvel and QED (thus far) have proven that they do deserve that support, so I'd imagine they'll continue on that tried and true course. |
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Post by cyclonekath on Sept 4, 2003 18:15:19 GMT -5
If Marvel were getting lawyer happy, I suspect they'd hit Marvel conversions for other systems to protect MURPG much like the Freedom Force mess opposed to hitting us. After all, even a version of a Marvel character from the X-Men or Avengers books requires a purchase of the main book to use  Assuming everybody who bought the Inquest teaser also bought the main book... Cyc |
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