There was a comment on another thread about whether or not you should worry about a cease and desist for parody site. That "they" wouldn't go after a small "fan" site. That the fan site is doing them a favor by giving them free press and attention.
OK, here's the thing.
If I had $1 for everyone who said this, I'd be wealthy.
First thing, it's not your call that it's OK because you're "giving" someone free press. Obviously they don't need your free press because you're piggy backing on them. Not the other way around. Bottom line is you can't be sure if they will or won't. Using someone's trademarked name is a definite no-no and anyone who is serious about protecting their brand will come after you no matter how small you are.
You're not doing them a favor. You're doing yourself a favor. They have a marketing team.
If you want to "give" them press, just ask. Most people or companies of any significance have press packs and updates that they gladly send to anyone who asks. No one takes kindly to anyone just taking what they want from their website and putting it on another website. The size of your operation is not the point.
Second thing is...if you try to make money on it, they will come after you. Having a gossip or niche blog that speaks about a variety of things is much different than having a site dedicated to one person, using all of their images, their name, and then trying to make money with it.
Yes fan and parody sites exist and most are harmless and allowed to exist. Where they run afoul is when they try to make money. Just because you see something online doesn't mean it's legal. It's the WORLD wide web. Not the United States web. Plenty of law breaking websites are hosted offshore and out of reach of the America legal system.
If you really have respect for the person that you're claim to be helping, you'd insure that you aren't infringing on their trademarks for personal gain and maybe even contact them. You'd be surprised how accommodating people and companies can be if you simply just ask.
OK, here's the thing.
If I had $1 for everyone who said this, I'd be wealthy.
First thing, it's not your call that it's OK because you're "giving" someone free press. Obviously they don't need your free press because you're piggy backing on them. Not the other way around. Bottom line is you can't be sure if they will or won't. Using someone's trademarked name is a definite no-no and anyone who is serious about protecting their brand will come after you no matter how small you are.
You're not doing them a favor. You're doing yourself a favor. They have a marketing team.
If you want to "give" them press, just ask. Most people or companies of any significance have press packs and updates that they gladly send to anyone who asks. No one takes kindly to anyone just taking what they want from their website and putting it on another website. The size of your operation is not the point.
Second thing is...if you try to make money on it, they will come after you. Having a gossip or niche blog that speaks about a variety of things is much different than having a site dedicated to one person, using all of their images, their name, and then trying to make money with it.
Yes fan and parody sites exist and most are harmless and allowed to exist. Where they run afoul is when they try to make money. Just because you see something online doesn't mean it's legal. It's the WORLD wide web. Not the United States web. Plenty of law breaking websites are hosted offshore and out of reach of the America legal system.
If you really have respect for the person that you're claim to be helping, you'd insure that you aren't infringing on their trademarks for personal gain and maybe even contact them. You'd be surprised how accommodating people and companies can be if you simply just ask.
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