Tell me more ×
Answers OnStartups is a question and answer site for entrepreneurs looking to start or run a new business. It's 100% free, no registration required.
up vote 0 down vote favorite

We want to launch a website where we put information about movies, music and more. Each item (movie, music etc.) will have it's own page. On this page there will be some information about the item, such as actor, author, artist.

We would also like to have the cover image for the product. Though we don't know if this is legally right to do. We will make money from the website but NOT from the images. We will have ads that other companies put on our website. The ads and money doesn't have any connection to the images.

We have been searching for answers for some time now and I see different answers wherever I go.

Many of the answers we've found mentions fair use. Though it really is a grey area.

Some say that you always have to ask for permission first, while some say that you really don't have to.

  1. So what is the real answer?
  2. What is the worst thing that could happen?
share|improve this question
I think the issue here is where are you getting the images? If you downloaded them from somewhere else you probably need permission. – Joe A Feb 1 at 18:16
How does your website make money (i.e. what are your services) will be a factor on which side of the law you land on. – Global nomad Feb 1 at 18:31
@JoeA The images are uploaded by users and are the cover art for the movies. Example for The Dark Knight – Oskwish Feb 1 at 19:12
@Globalnomad Our services is that we provide information about movies. Then there are companies that have ads for their services on our website. – Oskwish Feb 1 at 19:14
I've shared a friend's experience in the answer. Hope it helps. – Global nomad Feb 1 at 20:09
show 6 more comments

2 Answers

up vote 2 down vote

If your site offers critics (similar to Rotten Tomatoes) you may be covered under Fair Use so please consult a lawyer. On the other hand if your site display behind the scenes photos or alleged plot lines (which a friend of mine's fan site did), then you may receive a cease-and-desist like my friend did. Best to consult a lawyer with experience in this. If your site will generate interest for movies, why not approach the studio?

share|improve this answer
With "you may be covered under Fair Use", you mean I will be alright? The only images I will publish are poster and cover images. And what is really the worst thing that could happen? What does a cease-and-desist really mean? – Oskwish Feb 1 at 20:21
1  
+1 for consult an attorney. Copyright owners pay for searchers to discover infringers. Every so often they select a defendant to serve as an example. You don't want this. – Yorick Feb 1 at 20:50
up vote 1 down vote

You can get sued. Or you can never hear from anyone. Want to make a bet with your money or freedom?

Take those couple of hundreds of dollars. Prepare a good description of what you're trying to build and talk to an Copyright lawyer. It may save your business, your money and/or your personal freedom. Definitely worth it.

The music and film industry is vicious. They will not care if you lose your house and live on the streets with your children to make an example of you should they feel like it.

why risk? Talk to a lawyer before you commit your own money and time to build something that may simply never work as it may land you in a pile of doodoo.

share|improve this answer
Okay, thanks for your answer. I think I know somebody we can talk to. – Oskwish Feb 2 at 11:42

Your Answer

 
discard

By posting your answer, you agree to the privacy policy and terms of service.

Not the answer you're looking for? Browse other questions tagged or ask your own question.