Re: Use of TV Pictures/Sounds on Web Sites

On Mon, Sep 28, 1998, Marilyn Fogelsinger <mfogelsinger[_at_]earthlink.net> wrote:
>
> My question may seem pretty basic, but please bear with me. I'm a law
> student in Michigan, and for a class paper, I'm studying the use of
> photos on "unauthorized" web sites.
>
> In particular, my question is this. Fox Network has recently "shut
> down" many "unauthorized" X-Files web sites for copyright violations.
> These pages had downloadable pictures, sound clips, and Win 95 Themes
> from the TV show. None of these pages charged for the materials, and
> none of them "debased" the materials in any way. Is there a "fair use"
> exception for web pages like this, or is there any other way (short of
> paying royalites, fees, etc.) that such a web page administrator may
> use these copyrighted materials? Any insights would be most
> appreciated.

My guess is that the Web sites themselves weren't "unauthorized" -- the Web sites' owners' use of Fox's copyrighted materials was what was "unauthorized."

My further guess is that Fox didn't "shut down" the Web sites -- they merely told the site owners to stop using Fox materials without proper authorization. It was probably the owners themselves who decided to discontinue their sites (that's usually what happens in cases like these). The fact that the site owners weren't selling the materials is irrelevant. Giving away someone else's proprietary works -- which they otherwise might have been able to sell or license -- is just as much copyright infringement as selling someone else's material.

The "fair use" principles might weigh in favor of a Web site owner who used materials in the context of news reporting, comment, or classrelated  education.

I find it hard to imagine that fair use would excuse a Web site owner's deliberate giving away of Fox's proprietary materials.

Bob Cumbow
Perkins Coie LLP
cumbr[_at_]perkinscoie.com
206-583-8566 Received on Tue Sep 29 1998 - 18:01:18 GMT