Copyright Laws

[Pokedragonfire]

So aren't all these pokemon sites illegal? I mean pokemon is copyrighted and trademarked by nintendo. I read the sites www.pokemon.com and www.nintendo.com but all that they talked about were roms. I heard you can be fined up to $150,000 for not following these laws. I just don't want to see all this happen to the pokemon fan sites. So I'm not sure this all could be perfectly legal. I hope it is. But my main thing is the sites that use it for profit (ex. ones with paid ads.) They are probably in trouble. Even this site (now I'm going to get it...)

 

[Kipkip]

Pokemon fan sites are perfectly legal. Think about, Pokemon has been around since 1998 (in US) , why would Nintendo, GAMEFREAK, Creatures, or the Pokemon Company do something now? For six years, they've done nothing. Now for sites that surport ROMs and Emulators, there's going to be a problem because the DMCA (Digital Milleniuem Copyright Act) prevents cracking the copyright code and copying copyrighted material, which are ROMs. So there's nothing wrong with fan sites.

 

[Pokedragonfire]

If nintendo supported fan sites, wouldn't they have mentioned anything on their site? They don't have time to track down all the fan sites in existance, I'd be a waste of time and money, but that does not mean whether they allow it or not.

 

[aRedMoon]

It is technically illegal, but no one is gonna do anything about it.


That'd require them to actually put real content on their sites.

 

[AZSupraT]

As long as you dont claim anything(such as characters/pokemon itself) as your own its fine. Dont worry about it, they have better things to worry about than fan sites.

 

[Pokedragonfire]

As long as you dont claim anything(such as characters/pokemon itself) as your own its fine. Dont worry about it, they have better things to worry about than fan sites.

Pff, doesn't mean its not illegal. Your site does claim the content and the layout, when clearly part of the layout was not drawn by you and the content is not made by you. About the most you can legally (even then, I wouldn't say legally...) say is don't steal it. Of course nintendo isn't gonna come after you, if they did they would lose money...Now if someone who worked for the government finds this, well that's another story...

 

[AZSupraT]

Pff, doesn't mean its not illegal. Your site does claim the content and the layout, when clearly part of the layout was not drawn by you and the content is not made by you. About the most you can legally (even then, I wouldn't say legally...) say is don't steal it. Of course nintendo isn't gonna come after you, if they did they would lose money...Now if someone who worked for the government finds this, well that's another story...

Most images such as Cerebi, and Pikachu, and all graphics were made by me. So They made 2 images(both ash pics)...hmm...who gives a crap.

UM, CONTENT WAS WRITEN BY ME! how can you say that the content isnt mine? I WROTE it for VR not Pokemon....

SO I'LL ASK AGAIN, WHAT THE IS SO ILLIGAL ABOUT MY SITE?

NOT A THING

 

[TRIFORCE89]

The following is from a conversation I had with an employee of Nintendo of America at another forum. I will not mention the name of the forum as that could count as advertising (although the forum is permanently closed). I'm too lazy to add the bolds, italics, and the like. Basically, I was talking about turn my popular new thread into a website.

FYI:


NINTENDO OF AMERICA INC.






GUIDELINES FOR USE OF NINTENDO TRADEMARKS



AND COPYRIGHTS IN PUBLICATIONS




INTRODUCTION






Nintendo of America Inc. ("Nintendo") markets the highly acclaimed line of Nintendo video products in the United States and Canada. In association with these products and other products, Nintendo has acquired and vigorously enforces its rights in the registered trademarks Nintendo?, Nintendo Entertainment System?, Game Boy?, Game Boy pocket?, Game Boy Color?, Game Boy ?Advance, Game Boy ?Advance SP, Super Nintendo Entertainment System?, Nintendo 64?, and Nintendo GameCube�� , as well as numerous other trademarks associated with Nintendo hardware and software products and services.






Nintendo aggressively monitors use of its trademarks and copyrights. The following is a list of guidelines intended to assist users in complying with applicable law. Any use outside of these standards may be viewed as a violation of Nintendo's valuable copyrights and/or trademarks, in which case, Nintendo will seek all legal remedies and damages to which it is entitled to under law.






GUIDELINES






1. You may not use the trademark Nintendo? any other trademarks or copyrights of Nintendo to identify your publication, business or service. Thus, for example, you may not refer to "Nintendo Game Magazine" but instead should refer to "Video Game Magazine". Your publication may include a reference, in small plain type and not in Nintendo logo form, along the following lines: "Featuring the latest games for the Nintendo Entertainment System?", or a similar descriptive clause.






2. The trademark Nintendo? is a brand name which indicates the source of goods and may not be used as a noun. Thus, you may not state "How to play Nintendo". Instead, you should state "How to play Nintendo? video games".






3. Use Nintendo Entertainment System? , Super Nintendo Entertainment System?, Nintendo 64?, and/or Nintendo GameCube�� instead of Nintendo? to refer to the Nintendo game system(s). If there are multiple references to Nintendo Entertainment System?, Super Nintendo Entertainment System?, and/or Nintendo 64? in one source, then "NES?" may be used after the first reference to Nintendo Entertainment System?, "Super NES?" may be used after the first reference to Super Nintendo Entertainment System?, and "N64��" may be used after the first reference to Nintendo 64?.






4. When the trademarks Nintendo, Game Boy, Game Boy pocket, Game Boy Color, Game Boy Advance, Game Boy Advance SP, Nintendo Entertainment System, Super Nintendo Entertainment System, Virtual Boy, Nintendo 64, and Nintendo GameCube are used, use the ? symbol following the marks to signify that they are registered trademarks. Thus: Nintendo?, Game Boy?, Game Boy pocket?, Game Boy Color?, Game Boy ?Advance, Game Boy ?Advance SP, Nintendo Entertainment System?, Super Nintendo Entertainment System?, Virtual Boy?, Nintendo 64?, and GameCube��. When Nintendo appears in logo form, circled by an ellipse, the ? symbol must appear as follows: NINTENDO?, NINTENDO Entertainment System?, or Super NINTENDO Entertainment System?.






5. When making any written use of a Nintendo? trademark (including game titles and hardware or accessory names) capitalize the first letter in each word of the trademark and use italics. In the first use of such Nintendo trademarks in an article or article title, use the ? symbol following the mark to signify that it is a registered trademark and the "TM" symbol to designate that it is an unregistered trademark. At some place in the written matter, please attribute the marks to Nintendo. Thus, for example: Thus: " Nintendo?, Game Boy?, Game Boy ?Advance, Game Boy ?Advance SP, Nintendo Entertainment System?, Super Nintendo Entertainment System?, Virtual Boy?, Nintendo 64?, Nintendo GameCube��, and The Legend of Zelda? are registered trademarks of Nintendo of America Inc."






6. When presenting strategy guide articles or descriptive references, use (for example) the following language:






"Strategy Guide for Wizards and Warriors? by Acclaim,



A Nintendo Entertainment System? Game"






Do not use (for example) the following language:






"Nintendo Strategy Guide for Blaster Master by Sunsoft"






7. Third parties who are specifically licensed to develop and market games, accessories and merchandise for the Nintendo Entertainment System, Game Boy Systems, the Super Nintendo Entertainment System, Virtual Boy System, Nintendo 64, and/or Nintendo GameCube�� system are the independent owners of product title trademarks and/or copyrights. A separate acknowledgment of their interest should also appear. Thus, for example: "Castlevania is a trademark of Konami Inc.". Please contact the independent owner for specific trademark instructions.






8. Note that the company name is "Nintendo of America Inc." There is no comma after the word "America".






9. When possible, use "Nintendo of America Inc." to refer to the company. "Nintendo" may be used as a shorthand reference to the company after the first reference in an article to the company.






10. All Nintendo game characters, whether utilized with their trademarked names or separately, or any likeness of such characters, including the characters Super Mario, Zelda, Link and others, are copyrighted and owned exclusively by Nintendo. These characters may not be used in any advertising, retail signage, displays, merchandise promotions or in any publication cover. Nintendo permits limited use of video game screen shots from actual game play only in conjunction with commentary and reporting about the particular video game in question. All such use must include a copyright notice. Thus: ?19__ or ?20__ (year of game release or first publication) Nintendo of America Inc.






CLOSING






These guidelines are provided as a convenience to you and should not be construed as legal advice. Please consult qualified legal counsel with regard to your rights. These guidelines are not intended to be comprehensive and may change from time to time. The interpretations or reliance on these guidelines shall neither extend or restrict your rights or the rights of Nintendo of America Inc.



(rev 03/03)

Uhhh...so you're saying it's illegal for him to make a (REMOVED BY TRIFORCE89, AS IT IS THE NAME OF MY FORUM) site NOA_GREG?

If so, then I'm surprised Nintendo hasn't taken out the many unofficial fan sites. Speaking of that, if you're not allowed to have something like '(REMOVED BY TRIFORCE89, AS IT IS THE NAME OF MY FORUM)' or ')REMOVED BY TRIFORCE89 AS IT IS THE NAME OF A FORUM)', then why on the Nintendo.com site do you have a section in NSIDER that says "Fan Sites Coming Soon!"? Isn't having links to fansites a direct violation of Nintendo's own rule?

I'm providing information I thought he might like to know: that's it.

When our new site is launched, we'll have some great guidelines posted (in easier-to-understand language) for fan sites.

If I didn't work here and wanted to create a fan site, I'd lean towards something like "Greg's Video Game Page" rather than using a company name in the title, to avoid confusion. I use to do "fan site" in college (non-video game), and was happy to get information on guidelines.

 

[pokemon706]

i'm thinking about putting the eps back on my site? should I, would nintendo do anything bout it?

 

[Kipkip]

So if I understand correctly what TRIFORCE89 just said, it means that you should not use Nintendo or any of it's tradmark in the title but it should be video games and that you can't use Nintendo or any of it's tradmarks without the ? or TM. This is what I understand from what I have read. If there's something I missed, can someone clear that up for me?

 

[Toothache]

I thought as long as you put a little disclaimer like 'All Pokemon are owned by Nintendo', something along those lines, then you can avoid all sorts of copyright laws. For one, it's true, and for two you're not claiming credit.

 

[AZSupraT]

Nintendo makes the eps....? lol.

 

[Geometric-sama]

A few years back when I made my first Pok?mon fansite, because it was for a competition I emailed Nintendo to see whether it was OK. They got back to me personally straight away, and basically they support fansites but you're not supposed to use "official" content from the official site.

 

[pokemon706]

yeah there pokemon eps well can i get in trouble wiht anyone

 

[Purin]

TRIFORCE89: How would you know if that person you are talking to is truly an employee?

A few years back when I made my first Pok?mon fansite, because it was for a competition I emailed Nintendo to see whether it was OK. They got back to me personally straight away, and basically they support fansites but you're not supposed to use "official" content from the official site.

I shouldn't think fansites are a problem to Nintendo if they don't violate laws, because they promote Pokemon fandom, which is good for the company.
I was thinking now, aren't manga scans illegal? O_o

 

[Geometric-sama]

Probably they are, but I think the companies in question tend to turn a blind eye. And Nintendo likes fan sites because they promote Pok?mon, unlike WB who are evil about HP fansites XD

 

[Purin]

Probably they are, but I think the companies in question tend to turn a blind eye. And Nintendo likes fan sites because they promote Pok?mon, unlike WB who are evil about HP fansites XD

I don't know about that (HP), but if I recall correctly, JK Rowling like them =P
Anyway, by putting certain sections of scans, and not the whole book, I think it won't be a big problem.

 

[Geometric-sama]

In Australia there's a 10% law. You can reproduce 10% or one chapter, whatever is more I think, of a book for non-commercial use.