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Campaign Websites - Fair Use?
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<blockquote data-quote="EricNoah" data-source="post: 1408170" data-attributes="member: 4"><p>There are few hard and fast rules when it comes to fair use. You'll notice I say "probably" a lot in the following explanation, because if it comes down to it only a court can decide if a particular instance of use is fair or not. </p><p></p><p>Fair use has to do with a few different things: the nature/purpose of the use, the nature of the work itself, the amount you are using, and how your use affects the potential market for the work. <a href="http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html" target="_blank">http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html</a></p><p></p><p>If the work (let's say an illustration, for example) is already on the web with the blessing of the owners, the issue of "how your use affects the potential market" and the "nature of the work" are pretty clear -- your duplication/display of the material won't have much impact, especially if you are only displaying a few items. Good example: WotC's online art galleries at <a href="http://www.wizards.com/dnd/archive.asp?x=dnd/ag,3" target="_blank">http://www.wizards.com/dnd/archive.asp?x=dnd/ag,3</a> -- they have posted practially every image from every book for people to use in a "fair use" manner. Do they want you to post every picture from every book on your website? No, and that wouldn't probably be fair use. Will they have a fit if you post a few pictures on your site? Probably not. Having a link that goes to the original source would be nice, as would giving proper credit for the illustrations. </p><p></p><p>If the material in question is not already on the web with the blessings of the copyright owner, then posting the material probably isn't fair use in most situations. Your method of limiting the distribution of the material -- password protection -- helps quite a bit, because that makes it a lot like running a photocopy and handing it out to a few friends, an activity that is generally considered fair use. </p><p></p><p>As far as things like your campaign notes/logs, etc. ... part of the nature of RPGs is that in the process of playing you create a "derived work." To my knowledge WotC has never bothered anyone about sharing/posting this sort of material.</p></blockquote><p></p>
[QUOTE="EricNoah, post: 1408170, member: 4"] There are few hard and fast rules when it comes to fair use. You'll notice I say "probably" a lot in the following explanation, because if it comes down to it only a court can decide if a particular instance of use is fair or not. Fair use has to do with a few different things: the nature/purpose of the use, the nature of the work itself, the amount you are using, and how your use affects the potential market for the work. [url]http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-b.html[/url] If the work (let's say an illustration, for example) is already on the web with the blessing of the owners, the issue of "how your use affects the potential market" and the "nature of the work" are pretty clear -- your duplication/display of the material won't have much impact, especially if you are only displaying a few items. Good example: WotC's online art galleries at [url]http://www.wizards.com/dnd/archive.asp?x=dnd/ag,3[/url] -- they have posted practially every image from every book for people to use in a "fair use" manner. Do they want you to post every picture from every book on your website? No, and that wouldn't probably be fair use. Will they have a fit if you post a few pictures on your site? Probably not. Having a link that goes to the original source would be nice, as would giving proper credit for the illustrations. If the material in question is not already on the web with the blessings of the copyright owner, then posting the material probably isn't fair use in most situations. Your method of limiting the distribution of the material -- password protection -- helps quite a bit, because that makes it a lot like running a photocopy and handing it out to a few friends, an activity that is generally considered fair use. As far as things like your campaign notes/logs, etc. ... part of the nature of RPGs is that in the process of playing you create a "derived work." To my knowledge WotC has never bothered anyone about sharing/posting this sort of material. [/QUOTE]
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