Quote:Original post by linternet
Just for the sake of discussion:

This list is a (likely non-comprehensive) list of pop culture references used in World Of Warcraft.

How do you think Blizzard would defend such use if confronted?

I suppose you could argue parody as the names are somewhat mangled, but the intent of these references seems to be an homage (which is what the proposed ranking system would be) to the originals and not making fun of them.

As for the ranking system, I'm going to ask for permission and if we don't get it we'll come up with our own rankings as it's not worth the trouble.

Thanks, everyone, for your input.

The reason I changed my post, and the reason people are very persistent about making sure you get EXPRESS written permission, is the fact that having any grounds for an infringement claim (trademark or copyright or anything else) will put the infringer in a very dangerous position. Whether a company actually will pursue an infringement claim is irrelevant. It's the fact that they can that should be a deterrent.

As for the site you linked, they have permission. Official Blizzard Fan Sites . Also, some games provide licenses for specific art and TM'd logos for use on fan sites.

As for the pop-culture references-- you can use a trademark to reference the actual source trademarked product. Similarly you can use a trademark to compare or contrast one product with another. Even so, using the references without permission could potentially expose someone to the POSSIBILITY of an action, even if the action wouldn't win on the merits. So technically using the names and likenesses in that pop culture list could give rise to an infringement claim. Just because you think you're legally "in the right" to do something doesn't mean someone won't try to sue you over it.

Quote:
Just for the sake of discussion:

This list is a (likely non-comprehensive) list of pop culture references used in World Of Warcraft.

How do you think Blizzard would defend such use if confronted?

I suppose you could argue parody as the names are somewhat mangled, but the intent of these references seems to be an homage (which is what the proposed ranking system would be) to the originals and not making fun of them.

As for the ranking system, I'm going to ask for permission and if we don't get it we'll come up with our own rankings as it's not worth the trouble.

Thanks, everyone, for your input.

Blizzard would defend itself the same way Saturday Night Live or MAD magazine would. If you look at that list, you'll notice that Blizzard does not invoke the characters directly but instead parodies them with their own (typically comical) versions. Parody is covered under fair-use.

Quote:Original post by frob

Quote:Original post by Nairb
Blizzard would defend itself the same way Saturday Night Live or MAD magazine would. If you look at that list, you'll notice that Blizzard does not invoke the characters directly but instead parodies them with their own (typically comical) versions. Parody is covered under fair-use.

And the spend many millions of dollars every year on lawyer salaries.

You might be okay. You might not. Talk to a lawyer.

Are you prepared to handle Cease and Desist letters? Even if you are within the law, they might send you a C&D letter and demand that you remove their trademarks and any other IP from your site. The details of "Fair Use" is not codified in law, and is defined as whatever the court says it is. Are you prepared to defend your fair use in court? It isn't a criminal trial, so you'd have to hire your own lawyers. Even if you are within the law, if a company were to be very aggressive against your usage, you may end up spending a fortune on legal fees trying to defend yourself. Are you prepared to deal with that?

If not, then take the high road and create your own content.

Agreed. Bearing that in mind, and keeping with the spirit of discussion, I'd also like to clear up something.

Copyright does not protect names, so a copyright infringement analysis is inappropriate.

Names are protected by a) Trademark and b) the privacy rights like name & likeness and right of publicity.

Copyright fair use is sometimes kind of liberal, sometimes not. Trademark fair use is considerably more restrained.

It's best to not confuse people into believing that they *might* win under a copyright fair use analysis, especially when there are both trademark and name & likeness claims that can be thrown into the mix.