>start here<
The X-Files pictures from the site are illegal and can only be used
within the
guidlines specified by the agreement Fox has with those who took
them (assuming the
pictures were taken for Fox). Fox has a policy that these pictures
are to be used by their
licensees and their internal departments which also means the
X-Files official web site. This
means that on the web the only place that has permission to use them
is the official site and
Fox sites. Sorry.
No. X-Files pictures as a whole are copyrighted by Fox and they have
agreements with the
photographers, etc. that they have to live up to. Part of these
agreements include usage rights
which are being violated all over the web. <B>Fox is going to crack
down on this in the
very near future and shut down many of these sites to protect
themselves from legal
action. The words The X-Files are safe, as long as you are not using
the logo or the
words in the X-Files font. The Truth is Out There, Deny Everything,
and Trust No
One are copyrighted too believe it or not. Fox can't let people
upload pictures whether it
is commercial or not because putting a site on the web is akin to
digital publishing. Legally this
would amount to reproduction and distribution of copyrighted
materials and they would liable
for not enforcing their copyright. Chris
You can put the copyrights on your pages if you want, but that won't
necsessarily
protect you from having your site shut down. Video captures are also
illegal (just about
everything is) and even magazines use them without permission. You
can use the title The
X-Files as long as the copyright and trademark information is on the
page. Basically right
now Fox is not shutting down sites. Very soon we will be. Basically
any and every picture
or peice of art has specific usage rights as specified by a contract
(or contracts) and Fox at
the very least has to abide by them if they choose to do anything
with them at all. For example
if a magazine wanted to print an article, they would go to Fox for
the photos and Fox has
approved photos for just such a use. They have an agreement with
magazine publisher that
stipulates exactly how the photos and materials may or may not be
used. Even some magazine
publishers have violated the law and are being sued for damages.
What has happened is
fans have gone crazy, violated more laws than I knew even existed,
and Fox wants to
take total control over their property for legal as well as creative
reasons. Chris
Carter is very picky about how the X-Files is represented
creatively, and what the
fans have done goes against everything in his style guide. By taking
control of
everything, Fox can also regulate what does or does not get done. We
do want to
make everyone happy, so we are working on ways that allow people to
create their
own home pages, but I can't disclose any details yet. Chris
What we may do is shut down all sites and create an area on the
official web site that is a
do-it-yourself homepage area where fans can create their own sites
using the resoucres we
provide. This is a big undertaking, and I still need to discuss the
logistics with our tech people,
but we feel it would be the best way to make everyone happy. Chris
Chris F.
Nope, I don't believe it. The LAW says:
> WHAT IS NOT PROTECTED BY COPYRIGHT
[snip]
> Titles, names, short phrases, and slogans; familiar symbols or designs;
> mere variations of typographic ornamentation, lettering, or coloring;
> mere listings of ingredients or contents.
Get the FACTS: http://lcweb.loc.gov/copyright/
------------------------------------------------------------
Al Ruffinelli <alv...@netgate.net>
http://www.netgate.net/~alvaro
ftp://ng.netgate.net/u/alvaro
------------------------------------------------------------
You are right that it cannot be copyrighted, but the names and
the catch phrases CAN be trade marked, which affords the same protection
of being able to prevent unauthorized use. Fox does indeed have these
items trade marked. In some ways, a trademark is actually better than a
copyright, because a copyright does eventually expire and the material
becomes public domain. A trademark never expires as long as it continues
to be used.
> > > Everything, and Trust No One are copyrighted too believe it or not.
> >
> > Nope, I don't believe it. The LAW says:
> >
> > > WHAT IS NOT PROTECTED BY COPYRIGHT
> > [snip]
> > > Titles, names, short phrases, and slogans; familiar symbols or designs;
> > > mere variations of typographic ornamentation, lettering, or coloring;
> > > mere listings of ingredients or contents.
> >
> > Get the FACTS: http://lcweb.loc.gov/copyright/
> >
> > ------------------------------------------------------------
> > Al Ruffinelli <alv...@netgate.net>
> > http://www.netgate.net/~alvaro
> > ftp://ng.netgate.net/u/alvaro
> > ------------------------------------------------------------
>
> You are right that it cannot be copyrighted, but the names and
> the catch phrases CAN be trade marked, which affords the same protection
> of being able to prevent unauthorized use. Fox does indeed have these
> items trade marked. In some ways, a trademark is actually better than a
> copyright, because a copyright does eventually expire and the material
> becomes public domain. A trademark never expires as long as it continues
> to be used.
Before I get flamed -- Netscape kept saying it could not send the
message. Obviously, it was slightly mistaken about that!
On Thu, 15 Aug 1996, Kathleen Toth wrote:
> Al Ruffinelli wrote:
> >
> > On Wed, 14 Aug 1996 12:13:23 -0700, bout...@mailserv.edcc.edu wrote:
> > > action. The words The X-Files are safe, as long as you are not using
> > > the logo or the words in the X-Files font. The Truth is Out There, Deny
> > > Everything, and Trust No One are copyrighted too believe it or not.
> >
> > Nope, I don't believe it. The LAW says:
> >
> > > WHAT IS NOT PROTECTED BY COPYRIGHT
> > [snip]
> > > Titles, names, short phrases, and slogans; familiar symbols or designs;
> > > mere variations of typographic ornamentation, lettering, or coloring;
> > > mere listings of ingredients or contents.
> >
> > Get the FACTS: http://lcweb.loc.gov/copyright/
>
> You are right that it cannot be copyrighted, but the names and
> the catch phrases CAN be trade marked, which affords the same protection
> of being able to prevent unauthorized use. Fox does indeed have these
> items trade marked. In some ways, a trademark is actually better than a
> copyright, because a copyright does eventually expire and the material
> becomes public domain. A trademark never expires as long as it continues
> to be used.
So long as the trademark continues to be used _and_ _defended_.
Otherwise, the trademarked word, phrase or image falls into the public
domain.
A couple years ago I saw a letter published in a magazine taking a
product reviewer to task for reporting that something was attached with
Velcro. The letter was from Velcro, insisting that the reviewer use the
term "generic hook-and-loop fastener" since the fastener wasn't really
Velcro <tm> brand velcro. Tobasco does the same thing. FOX is simply
protecting their property.
I know that, but I found it curious that a legal representative from fox
wouldn't know the difference between a trademark and a copyright, or
would confuse the two.
> which affords the same protection
> of being able to prevent unauthorized use. Fox does indeed have these
[snip]
not the same. You are talking apples and oranges here. For example,
trademarks can be lost if they are not defended, they can be "owned" only
in context, and they are not as strict as copyrights.