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We are a small company looking to start selling a card-game.

 
Abogado3044's Avatar
  • Answered by:Abogado3044
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Customer Question

We are a small company looking to start selling a card-game. The concept is known over the internet, where we've used parts of it but mostly invented the cards ourselves. However, we've used pictures that we're very unsure about whether or not they're copyright-protected. Many of them have been uploaded to the following website:

http://www.memestache.com/termsofuse

If you read their terms of use, paragraph 4 (if you didn't follow the link here's a copy):

"4. You hereby grant to us the non-exclusive, royalty-free, and irrevocable right to (a) adapt, edit and generally use and exploit all and/or any portion of the Content, alone and/or in combination with other content of any and all kinds whatsoever; (b) create and exploit derivative works of any and all kinds based on and/or embodying the Content; (c) distribute, publish, sell, display, store, exhibit, transmit, perform, broadcast, and generally exploit any and/or all of the foregoing; (d) use your name, image and likeness in connection with any and/or all of the foregoing; and (e) authorize others to do so. The foregoing rights may be exercised by us and/or our licensees, successors and assigns, throughout the world, in perpetuity, in any and all languages, and in any and all media now known or hereafter devised."

The problem here is that many of the pictures uploaded to this website have probably not been uploaded by the copyright owner, but rather by a random person who neglected these terms.

These pictures are used on a large number of websites, but due to the complicated bureaucracy very few people have used them for profit.

The obvious problem, which I highly doubt is even a question, is whether we'd risk a law-suit using these images or not.

I am quite sure we would risk a lawsuit from someone who'd claim to be the copyright owner and therefore my question is rather: how should we proceed to get the rights of these images? And if the answer here is personal contact with the copyright owner, which is absurd for many reasons, could someone theoretically sue us for more than our total profit we've made from this? The regions we're looking into are most countries in Europe, Canada and USA, but I'd assume there's an international law here?

 



Already Tried:
We've tried contacting a patent-company, asking their lawyer for advice. He did not give us the information we wanted. We've also tried looking all over the internet.

Submitted: 312 days and 23 hours ago.
Category: European Law
Value: 344 kr
Status: CLOSED
Picture
Expert:  Abogado3044 replied312 days and 23 hours ago.

Hi Sir,

As you know most of these web sites has not paid for the rights and they have not legal protection for them

In most cases they have paid anything and the terms described are useless

My advice, as an spanish attorney I am, place where clever people do it usually, go to the closer copy right register agency and ask to protect the images

As you got it, nobody could deny you the use, and even you could deny the use to them as long as they probably has paid anithing to do it

Thank you and sorry for my english

Abogado304441100.8168573727

Customer replied312 days and 14 hours ago.

We cannot get copyright on the images since we haven't created them and we have absolutely no idea who has created them. The issue here is whether they have been spread so much we can use them or not...

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Expert:  Abogado3044 replied312 days and 14 hours ago.

In order to get the legal protection the important thing its to be the first asking for it, not to be the creator because as you say a lot of times the real creator has no ask for it

So, if he did not and you ask for it now you can reach it over him.

The important thing is not who created it, its who ask for the protetction first

Customer replied312 days and 13 hours ago.

All right, my friend works at a patent-company and I couldn't protect images via them.


Could you send a link to the institution responsible for this, so that our protection is legal in USA, Canada and Europe? Because I've talked to several people and every one says that you cannot do this (I live in Sweden).

Picture
Expert:  Abogado3044 replied312 days and 13 hours ago.

Here you got the official places all world arround

http://www.wipo.int/directory/es/urls.jsp

Firms

http://www.abgpatentes.com/

.

http://www.oficinagarciacabrerizo.es/

.

http://www.tabopat.com/

.

http://www.protectia.eu/

.

I hope you can reach them and get the legal protection you need from them

Abogado304441101.2075069097

Customer replied312 days and 4 hours ago.

I told you, I've already contacted the patent-agency and they can't help us in this question. The sites you referred to answered that we could only register a trademark, not protect each individual image (104 in total) that we've used in our game. I think you misinterpreted our situation, let me clarify:

We are not looking for the rights of these images, ergo we don't want others to not be able to use them. We just want to use them ourselves without risking a lawsuit. We tried applying to your websites with our deck of cards as a whole, and not each individual image, but they told us we can't protect copyright-protected images.


If you can't find/there is no institution that could "free" us from the copyright infringement, the question remains whether or not we would risk a lawsuit from some one. Here is a link to one of the images used:

http://i0.kym-cdn.com/photos/images/newsfeed/000/159/985/59346361.jpg?1312945800


We didn't create this specific image, but there's no telling who actually did create it. And also, how would you interpret the paragraph 4 I quoted in my first question? If some one were to create this and then upload it to that website, do they forfeit their copyright to it, and it becomes "free of use"??

Picture
Expert:  Abogado3044 replied312 days and 4 hours ago.

Well sir, if the companies have told you that they can not do it I am sorry to say that I have not an answer for your question

I hope another expert could answer you, the question will be open in order somebody else could help you

Customer replied311 days and 22 hours ago.

Relist: Inaccurate answer.
It would be lovely if you could answer this question, especially the part concerning whether we can be sued for more than we've earned on this concept or not.

 
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