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Date Posted: 12:30:23 08/29/02 Thu
Author: Phoenix
Subject: Re: Fan-sites - Will you consider a counterpoint?
In reply to: Lark 's message, "Fan-sites & WB Re: I stand corrected...It was Warner Bros who did it!!!" on 11:55:16 08/29/02 Thu

>>Holy sh-t. I hate to sound selfish, but does that
>>mean they're going after all the fan sites? I haven't
>>heard anything about this.

OK, listen to what is being said and don't fix bayonets for close-in combat directed at me until you consider this. Intellectual property is pretty much protected for a reason, even that property which is in the public domain. Civil cases which tend to not be precedent setting sometimes find their way into arbitration and this is the frame in which I am familiar with copyright issues.

If any one of you sit down and begin writing a novel, for example, you have effectively copyrighted it. It would be smart to at least go to the county seat and file a synopsis of the story line but you have actually copyrighted it by starting it. You have some rights.

Warner Bros and TNT have evidently made the proper arrangements with Top Cow, or whoever, and have some rights where WB is concerned. You, being just a fan (intellectual property consumer), do not have any rights relative to the product. You may praise it, condemn it, review it, etc but you may not plagarize it or gain (financially mostly) from the product.

If you use any of their stills, motion images, etc, they can complain and seek recourse. They may stop you. Apparently, this is what Warner Bros (or someone) is doing.

If anyone used the product of the company's efforts (still or moving images, etc) and posted it in any form on their individual website(s), then they are within their rights to complain and seek relief. Apparently, they have done so. If I had to hear such a case in the context of an arbitration hearing, then you would lose. Now don't flame me! That's pretty much the way it works.

Is it smart for them to do what they are doing? No. Fans are perpetuating the product and probably enhancing the company's bottom line. Sort of like word of mouth early in the release of a movie can make it big hit. These people (Warner Bros & TNT) do not appear to be very smart in doing this but they are probably within their rights to do it.

BTW, I'm on YOUR side. Just throwing in something for you to consider as you vent.

Phoenix

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