Copyright violation risk? Card game fan site.

November 5, 2014 8:27 AM

Can I make a card game database website, that reproduces card text and/or images, without running into legal trouble from the creators?

I'm a Canadian, in Ontario. The card game company is American. This is a board game that is mostly based on many different cards.

I was considering making a fan site that would effectively be a card database and deck builder, so people could look up cards, and build/showcase how they manage their own decks.

I'd read on boardgamegeek that someone who'd started doing something akin to that was contacted by the company saying that they could not reproduce card text on their site, so they shut down their site.

I'm not sure if this would be considered fair use or not, but am wondering if there's really a legal case against something like this? I would in no way be affecting revenue on their end, but creating a list of card names with their text that people could browse.

I've seen all sorts of similar fan sites for other games/other media, so wondering if this other site was basically just shut down via warrantless intimidation.

Would having an affiliate/ad revenue stream on the site change any thing?

posted by nerhael to Law & Government (7 answers total)

In Canada, you are not looking for "fair use", you are looking for "fair dealing". It's not obvious to me that your proposed use would fit in one of the categories for fair dealing: "research, private study, education, parody, satire, criticism or review and news reporting".

if there's really a legal case against something like this?

You're asking the wrong questions. The first correct question is, "am I willing to ignore a legal threat from the card game company?". The second correct question is, "am I able to pay the costs associated with a court case should the card game company pursue the case?". Letters from the game company's lawyers are cheap to them, but rather expensive for you to figure out what to do with. A court case that you win can be just as expensive (or more so!) than a court case you lose.

I would in no way be affecting revenue on their end

That's legally irrelevant. Copyright is not attached to revenue or profit; it is an inherent right in authorship. An artist who gives away art is protected just as much as a book publishing company.

Would having an affiliate/ad revenue stream on the site change any thing?

Profiting from copyright infringement is not a good idea and does not make your standing better.
posted by saeculorum at 8:46 AM on November 5, 2014 [4 favorites]

All copyright challenges are resolved in the courts. Are your lawyers better than those of the card game's company?

*Would having an affiliate/ad revenue stream on the site change any thing?*
Without question
posted by humboldt32 at 8:47 AM on November 5, 2014 [4 favorites]

Or you could, you know, ask permission. They might be thrilled to have a website. They would probably impose certain rules, like you can't have ads on the site. But many companies encourage fan involvement.

For example, my games company allows people to post "Let's Play" videos of them playing our game. Because why wouldn't we? We want people to see other people playing our game.

Just ask!
posted by musofire at 8:58 AM on November 5, 2014 [1 favorite]

I would in no way be affecting revenue on their end, but creating a list of card names with their text that people could browse.

That is in no way clear. What you describe would be useful to players of the game and would add some value to the property. It's entirely possible that the publisher wants to do something similar themselves, or at least reserves the right to do so in their own time and in their own way without your interference.

Basically I wouldn't do this without clear permission from the publisher - which may actually be something you could get depending on how you approach them and what they plan. But I wouldn't count on it.
posted by Naberius at 8:59 AM on November 5, 2014 [1 favorite]

Usual IANAL, TINLA, I'm in the U.S. disclaimer;

I'm a Canadian, in Ontario. The card game company is American.

International IP laws are pretty much covered by the Berne Convention, which as I understand it says that Canadian copyright laws would apply in this case, rather than U.S.

So I'll second saeculorum that "fair dealing" and other Canadian IP laws & court precedents are what you need to look into, rather than the U.S. versions.
posted by soundguy99 at 9:07 AM on November 5, 2014

I would in no way be affecting revenue on their end, but creating a list of card names with their text that people could browse.

You would be affecting revenue if they decided they wanted their own website that did the same thing, potentially via a subscription or free with ads. I believe something similar happened with a card game recently (Netrunner?) where a fan database of cards was taken down by the game publishers.
posted by EndsOfInvention at 10:24 AM on November 5, 2014

You have two options here:

1) Hire a lawyer
2) Ask the company for permission.

If you don't ask the company for permission and do it anyway, they're almost certain to send you a C&D, and you're back at option 1 anyway.
posted by empath at 10:27 AM on November 5, 2014 [1 favorite]