Discussion:
What is the name of your state? Virginia
I am trying to avoid a possible situation. I created a blog on the internet for the TV show The Biggest Loser on NBC.
When I was looking up names I found www .the-biggest-loser. com was available so I took it. I also tried to look up to see if that was copyrighted but I couldnt find that it was anywhere.
Now the question is should I be worried about this? Should I contact NBC and see what they say? Should I try to copyright my sites name, and how would I do this?
All content on the site is mine except for the pictures that were taken from NBC. Tons of other sites have used the same pictures so I didnt think it would be wrong. Also I have a disclaimer on the footer of the site saying that I am not affiliated with NBC or The Biggest Loser, ect.
Any help would be appreciated and thank you very very much!
Aaron Nimocks
Answer:
What is the name of your state? Virginia
I am trying to avoid a possible situation. I created a blog on the internet for the TV show The Biggest Loser on NBC.
When I was looking up names I found www .the-biggest-loser. com was available so I took it. I also tried to look up to see if that was copyrighted but I couldnt find that it was anywhere.
Now the question is should I be worried about this? Should I contact NBC and see what they say? Should I try to copyright my sites name, and how would I do this?
All content on the site is mine except for the pictures that were taken from NBC. Tons of other sites have used the same pictures so I didnt think it would be wrong. Also I have a disclaimer on the footer of the site saying that I am not affiliated with NBC or The Biggest Loser, ect.
Any help would be appreciated and thank you very very much!
Aaron Nimocks The issue isn't copyright, it's trademark. You can't copyright a name or title, only trademark can protect a name or title -- check at to see if the trademark is registered (it almost certainly is).
If the trademark is registered, and NBC (or whoever owns the trademark) decides they want your domain name, you'll almost certainly have to give it up -- if they have a trademark, what you've described is essentially slam-dunk trademark infringement.
Now, maybe they won't go after you -- maybe they don't care about the fan sites, maybe they like them -- but you don't have much of a leg to stand on if they do decide to assert their trademark rights.
BTW, the use of NBC's pictures without permission is copyright infringement -- it doesn't matter that others are using the pictures as well, maybe they have permission, maybe not, but if YOU don't have permission, you are infringing. Again, maybe they won't (or don't) care, but that doesn't change the fact that if they do decide to care, you don't have much of a defense.
Answer:
Thank you very much for the reply. I think you told me exactly what I thought I would hear.
But would you suggest that I contact NBC and ask them about all of this or just sit and wait it out?
Thanks,
Aaron Nimocks
Answer:
Thank you very much for the reply. I think you told me exactly what I thought I would hear.
But would you suggest that I contact NBC and ask them about all of this or just sit and wait it out?
Thanks,
Aaron Nimocks You've heard the expression, "it's easier to beg for forgiveness than ask for permission?" It all depends on what "risk" you want to assume. If others are already doing what you are doing,t hen the risk may be low that the TV company would take offense and try and do something about these fansites. If you ask for permission, the answer will almost certainly be "no," but you'll not have any risk. It's up to you to balance the risks, and decide accordingly.