Tiny Disney Villains fansite...allowed?

[killergabriel22]

Hello.
I'm thinking about making a very small fan site on Disney villains; so far it's an idea, I've barely started collecting data.

The site itself won't be a real fansite, more like a sort of database listing all the villains with some basic info/data and a couple of screenshots for each villain; I'm not sure if to add a image gallery but, if I do, it will most likely be small and with a very few images inside.

Is a site like that allowed on X10H - I'm referring to free hosting, I cannot currently afford premium - or it's against the Terms/Policies? I read the terms, but I wasn't sure so I thought to ask just for qualms.

 

[essellar]

You would need to have, and to be able to prove that you have, Disney's permission to use any of their copyright images/characters, etc. The fair use defence (it's not an exception or exemption, just a positive defence in litigation) doesn't cover fandom, and offers far less latitude than most civilians think it does in those areas it does cover. Without that permission and proof, it wouldn't be allowed on x10Hosting (or x10Premium or x10VPS either).

 

[killergabriel22]

Even if I put on the site a disclaimer saying "all characters, images and blah blah belong exclusively to Disney, copyrights infringiments are not voluntarily wanted, I make no money from this, etc." or similar?

 

[Sharky]

Suggested reading: https://www.plagiarismtoday.com/2010/05/13/the-messy-world-of-fan-art-and-copyright/ . If the works are copyrighted you don't have the automatic right to copy.

Think of it the other way - you spend a lot of time and money building up a creative library and it's your primary source of income, and then others come along and reproduce without your permission. Although they say "hey, I don't own this!" it doesn't make it better. They still don't have your permission.

Please note: I'm most definitely not a lawyer, despite spending a lot of time working with them on various projects. If you, the reader, are a lawyer and believe my interpretation is incorrect, I am happy to be corrected!

 

[killergabriel22]

I don't want to plagiarize or copy anything, but only to make a site for all those Disney fans who love the movies' villains like I do, where they can find more about those characters; it's a way to share the passion for Disney's animated worlds with fans around the world.
And there are already some old (outdated) fansites on and more recent Tumblr accounts on Disney villains; mine is not even a real fansite - no graphics, media or image galleries - just a sort of database.

So, even with the disclaimer mentioned above, the kind of site I'd like to make would be suspended, am I right?

 

[bdistler]

So, even with the disclaimer mentioned above, the kind of site I'd like to make would be suspended, am I right?

The short answer is - YES

you can not use a "disclaimer" to get around a copyright and/or x10hosting's free-hosting "Terms of Service" (TOS)

 

[killergabriel22]

From what I gather and know, true copyright infringiment on a site is when you make money with it; I wasn't to, it was just an hobby site.
But I understand your reasons completely; I'll host my site somewhere else.

 

[bdistler]

From what I gather and know, true copyright infringiment on a site is when you make money with it...

if that were true - you could make copies of one of my books - that I hold the copyright on - and give the copies away for free

 

[killergabriel22]

I'm lost - linguistic barrier, I think.

Copyright infringiment = I take something who is not mine, put it on my site and have my visitors pay me for it, and I earn money from that.......????

 

[bdistler]

Copyright infringiment = I take something who is not mine, put it on my site and have my visitors pay me for it, and I earn money from that

"Copyright infringiment" is NOT about - if you receive money or not...
what it is

Copyright infringement is the use of works protected by copyright law without permission, infringing certain exclusive rights granted to the copyright holder, such as the right to reproduce, distribute, display or perform the protected work, or to make derivative works.

that says nothing about you selling the copyrighted item - but is about you using it

 

[killergabriel22]

"Copyright infringiment" is NOT about - if you receive money or not...
what it is

that says nothing about you selling the copyrighted item - but is about you using it

Then sites like www.disneyvillains.net are illegal; why didn't their host shut them down?
I'm even more confused now.

 

[essellar]

Copyright is literally the right to copy. And laws surrounding copyright vary by jurisdiction; x10Hosting is bound by US law.

 

[bdistler]

Copyright is literally the right to copy. And laws surrounding copyright vary by jurisdiction; x10Hosting is bound by US law.

and US law about "Copyright Infringement and Remedies" is here --> [ http://www.copyright.gov/title17/92chap5.html ]

 

[essellar]

For what it's worth, the differences in copyright law, particularly the "personal use" exemptions, is one of the big reasons why the country restrictions have been so tight here recently, even for "friendly" nations. Please don't blow it for everybody else.

 

[killergabriel22]

Ok, I understand.
Thank God I thought to ask, so I didn't break the terms.
It's back to browsing for a free host, now.

 

[Sharky]

mine is not even a real fansite - no graphics, media or image galleries - just a sort of database.

So nothing technically being 'copied'...I'm not entirely sure anyone would persue you for copyright against what would therefore be original material.

 

[essellar]

The "couple of screenshots for each character" (from the original post) would be a violation except in a good-faith journalistic context (there are legal tests, it's not soi-dissant) at reduced resolution. It's not worth thinking about tickling the Disney dragon in the US.