WotC's official (and maybe unofficial) stand on fan-use

[Gulla]

I am trying to find where WotC are hiding their stand on use of pictures from the books and other sources on a fan-site.

I figure the official stand is "don't!" but it would be nice to find it somewhere. Or is the copyright notice the only text clarifying (well, not for me but maybe for a lawyer?) what a fan can and cannot do?

Håkon

 

[malraux]

The stand as revealed by their actions appears to be posting complete character builders, pdfs of the books, and power cards with all the text, all while using the trade dress are not allowed. Beyond that, the answer is "we will get back to you." That said, extensive borrowing of the images is probably beyond reasonable fair use.

 

[I'm A Banana]

One or two is probably no big deal, but if you're using every image, there might be a problem.

You'll get an e-mail from WotC probably before you are taken to court (it's cheaper for them), so as long as you're prompt in responding to what they tell you to do, you won't enter any legal battlefields, more than likely.

 

[kenmarable]

I am trying to find where WotC are hiding their stand on use of pictures from the books and other sources on a fan-site.

I figure the official stand is "don't!" but it would be nice to find it somewhere. Or is the copyright notice the only text clarifying (well, not for me but maybe for a lawyer?) what a fan can and cannot do?

Håkon

I'd also think that a statement of "Images are copyright Wizards of the Coast 200whatever" would go a long way to not getting on WotC's bad side as well.

 

[Marius Delphus]

I would lean toward not reproducing WOTC's images at all, personally.

 

[SteveC]

WotC has no official fansite policy, but I imagine they are likely to frown on actually using artwork they own, even on a fansite. Perhaps in the distant future we'll have more info on it, but I wouldn't hold my breath.

--Steve

 

[PatrickLawinger]

WotC doesn't have to have a "position" on this. The copyright for the images is held by them. This pretty much means you can't use them without permission. If you don't have specific permission, you can't use them.

Yeah, someone will chime in about spoofs, satire, etc., but I am pretty damn sure a "fan site" isn't going to fall anywhere near that sort of exception.

You can't use copyrighted work without permission, it really is that simple. They haven't given you permission, and they haven't published any guidelines for use of their images on a fan website granting any sort of permission, so you can't use their images. Okay, you can't use them legally. For me, that means don't use them.

Patrick

 

[Dragonhelm]

For some general guidelines on how to build a fan website, listen to Fear the Boot interview episode #8 with yours truly. I was a guest and talked with the Booters about what to do and what not to do.

 

[Nivenus]

Low-res images are covered by fair use.

As for higher resolution images, WotC's art galleries are more or less expressly for that purpose as far as I can tell. Otherwise, why bother, to be frank? At the FRWiki we use art from promotional galleries all the time and have even asked WotC about it from time to time. No response as of yet.

 

[lejanius]

Email the artist directly and ask permission and what the terms of use are.

most have guidelines, some general, some specific, and most are happy to allow you to use your art (for a non-profit site) if you follow them