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Is it copyright/trademark infringement to operate a website which consists mainly of quotes from your favorite TV show?
Asked about 3 years ago - San Francisco, CA
I have heard that publishing 'short' quotes is generally lawful. What if I have for example, 1000 recognizable quotes from a 10 year running series? (I'd imagine it's the 'weight' of the quote, not the quantity)?
I have noticed that other quote oriented fan websites include a 'standard' disclaimer:
"'TV Show' TM & (C) XYZ Corp. All rights reserved.
mytvshowexample.com, its operators, and any images and quotes contained on this site relating to "TV Show" are not authorized by XYZ Corp."
Does that actually do anything to limit liability?
What if I wanted to make my quotes database available for free for anyone who wanted to use it, i.e. (distributing that database)?
Thank You
Attorney answers (3)
The below does not constitute legal advice, does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.
Reproducing a sizable number of quotes is no longer the protected conduct of reproducing a lone (or small number) of quotes from one source. You're very deliberately reproducing a sizable body of work that is owned by the production company that created the television show. In short, compiling 1000 quotes from a single source and then making that compilation available to others most certainly infringes the copyright owner's copyright in that body of work. A "disclaimer" does nothing to mitigate that liability. In short, without permission from the copyright owner your plan is very, very likely unlawful.
Reproducing a sizable number of quotes is no longer the protected conduct of reproducing a lone (or small number) of quotes from one source. You're very deliberately reproducing a sizable body of work that is owned by the production company that created the television show. In short, compiling 1000 quotes from a single source and then making that compilation available to others most certainly infringes the copyright owner's copyright in that body of work. A "disclaimer" does nothing to mitigate that liability. In short, without permission from the copyright owner your plan is very, very likely unlawful.
Stating you are not authorized to use the material is inviting a trademark infringement suit, Some shows You might find my legal guide on selecting and hiring a lawyer helpful.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
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You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).
You might find my legal guide on commercial litigation helpful.
LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
the publicity others vigorously defend their right to their material. Basically you are putting on the internet work from others without their license or permission, This is not wise, I would suggest you write to the show''s producers and see what they have to say. They may grant you a license for a small fee, They may also come after you for ten years of infringement.
You might find my legal guide on Is it Legal? Is it Illegal? helpful.
You might find my legal guide on the understanding the different court systems helpful.
You might find my legal guide on legal terms used in litigation helpful.
(Even if you are not filing a lawsuit this information can be useful).
You might find my legal guide on commercial litigation helpful.
LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
the publicity others vigorously defend their right to their material. Basically you are putting on the internet work from others without their license or permission, This is not wise, I would suggest you write to the show''s producers and see what they have to say. They may grant you a license for a small fee, They may also come after you for ten years of infringement.
You have received very good advice and only want to point out that many people think that "disclaimers" can protect them - this is not true.
