Discussion:
What is the name of your state? Wisconsin
I currently have a website, based on a soap opera. I recently found a site where the main attraction seems to be the re-broadcasting of soaps. Sometimes the episodes go back 30 years to as recent as the year 2000.
The site has no advertising and they have a disclaimer of sorts at the bottom that says something like(and this is just partially what it says) 'historical archive under the auspices of the Fair Use Exemption of the Federal Copyright Law.
Now, I looked this 'fair use' part up, and found an article that said that the only way it was permissable to redistribute someone's work, in any form or way was if it was for comment, newsreporting, teaching, scholarship, criticism or research.
Here is my problem: I would like to re-broadcast older soaps on by site as well. But, is putting up that disclaimer enough to keep me from getting a cease and desist(I know I didn't spell that right!)letter from some network or production company? Would just having a comment board, be enough to fall under the 'comment' part of Fair Use? Also, this site is a .org, while I am a .com. Would I also have to change that URL?
Answer:
If it is for a profit, I'd probably say you'd get sued. Paramount started suing indie Star Trek websites (threatening anyway) a few years ago after they decided to make a big one of their own.
Just write and ask the company that owns them and tell them why you are doing it. Chances are they might let you for publicity since you are kinda promoting them. Who knows, they might even want to buy it or pay you to run it!
Answer:
I would like to re-broadcast older soaps on by site as well. Unless the soaps were made prior to January 1, 1923 (and therefore in the public domain), you'll need permission (or a license) to rebroadcast them.
But, is putting up that disclaimer enough to keep me from getting a cease and desist(I know I didn't spell that right!)letter from some network or production company? No. A disclaimer does not protect you from liability for copyright infringement -- ever.
Would just having a comment board, be enough to fall under the 'comment' part of Fair Use? There are four factors for fair use that a court will "weigh" in order to see whether or not, "on balance," there is infringement or whether the use is a "fair use" and therefore exempt from infringement liability. See 17 U.S.C. 107 for the fair use factors, and Campbell v. Acuff-Rose \Music for how they are used.
Second, "fair use" is a DEFENSE to infringement, and not a RIGHT that is asserted. You raise "fair use" as a defense when you get sued for infringement -- it doesn't keep people from suing you in the first place.
And finally, "for profit" or "not for profit" is only a part of the "commerical impact" branch of fair use -- whther or not YOU are making a profit is part of it -- the more important part is whether your use is having an impact on the copyright owner's market for the work.
Now, why is the other site still in existance, I don't know -- maybe they just haven't been sued yet, maybe they are located outside of the U.S. (which makes a suit more expensive), maybe the companies that make and show soap operas don't care -- but just because the other site hasn't been sued (or maybe they have, and you just don't know it) doesn't change the fact that this is copyright infringement, and doesn't mean that you won't get sued if you do it yourself.
Maybe you could try and contact the copyright owners and see about acquiring a license to show the old shows.
Answer:
Wisconsin
Alright, basically I was looking to add something different, yet unique, to bump up the number of people visiting my site. I think the best thing I've read so far, was the idea of contacting the owners of the copyright, though I can't see them being thrilled with what I want to do. But I guess it never hurts to try.