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

[Marius Delphus]

Low-res images are covered by fair use.

Not necessarily.

 

[Dire Bare]

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.

Where do you get the idea that low-res images are OK? Or that images posted by the owner as a free gallery are OK to use?

No response from WotC doesn't mean, "Go ahead and use it" . . . it means, "at this time, you're not worth a response, and we don't care that much." Not the same thing as "OK" at all.

Lots of fan sites get away with using copyrighted images that legally they shouldn't be using because it just isn't worth it for the image owners to bother with it. But at any time, a shift in management policy could have legal hounds breathing down your neck.

 

[Dire Bare]

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

Artists don't always own the rights to their artwork. Most artwork done for WotC belongs to WotC, not the actual artist. The more clout the artist has, the more likely the artist kept some or all rights to the work.

 

[Dire Bare]

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 don't think this has been mentioned yet in the thread (sorry if I overlooked it), but WotC has stated they are "working" on a fan policy. When this policy might be released and what it will cover, remains to be seen.

 

[Nivenus]

I didn't clarify as much as I should. Note that what I was describing only applies for wikis or similar projects.

For low-res images:

This image is of a drawing, painting, print, or other work of art, and the copyright for it is most likely owned by either the artist who produced the image, the person who commissioned the work, or the heirs thereof. It is believed that the use of low-resolution images of works of art
*for commentary on
*the work in question, or
*for illustrative reference

qualifies as fair use under United States copyright law. Any other uses of this image, on this Wiki or elsewhere, might be copyright infringement. See Non-free content for more information.

To the uploader: please provide the source of this work.

Wikis that use similar rules include the Battlestar Wiki, Memory Alpha, Wookieepedia, and, indeed, the big daddy of them all, Wikipedia.

 

[Gulla]

Thanks ppl.

So my impression that WotC has no published policy giving exceptions to normal copyright law is correct. Then I and the others should just use our resident artist or art from artists who are easier to get in contact with

And a special thank to Trampas for the useful link.

Håkon

 

[wedgeski]

I didn't clarify as much as I should. Note that what I was describing only applies for wikis or similar projects.

"It is believed.."? Hardly a solid foundation! Plus with no common legal definition of "low-res", it's next to meaningless. But, I'm sure the odd bit of artwork here and there just isn't worthy of the copyright holder's attention and you'll probably be okay.

 

[Silverblade The Ench]

I make my own Spelljammer and Dark Sun art, it's not for profit, my site has no commercial nature, and so I hope WOTC never bites my ass, as it's fan art, which many companies with sense tolerate, provided it's not commercial or controversial.
*prays at the dark altar of Lawyer Avoidance!*

Why not make your own art? especially if it's just in the STYLE of, but not actually having very specific WOTC stuff, it shouldn't be an issue
If your site is commercial, it's a big no-no to have any copyrighted stuff from other folks.

 

[Derulbaskul]

By discussing the issue you're just drawing attention to a possible problem and possibly provoking some random lawyer into issuing a whole lot of "cease and desists".

Use the art, make a note that the copyright is held by WotC and just enjoy your fan site. If WotC contacts you, take it down.

 

[malraux]

By discussing the issue you're just drawing attention to a possible problem and possibly provoking some random lawyer into issuing a whole lot of "cease and desists".

Use the art, make a note that the copyright is held by WotC and just enjoy your fan site. If WotC contacts you, take it down.

That's what I would do. The most likely think WotC will do is send a Cease and Desist letter if they feel like you are infringing (and its worth the lawyer's time to draft the letter), at which point you can remove the offending images.