Legality of Users Selling 'Bootleg' Items Through My Website

[ddeg10]

I run a website that revolves around a copyrighted character from a movie. A representative from the film company has hounded me for the last two years about removing things from my website. I have complied every time, but now I feel it has gone too far. This person has been able to get other websites shut down regarding this issue, but my case is a bit different. Those sites were actually selling items directly.

My website revolves around a movie character, but I do not sell anything or make profit from this character. However, I do allow these 'bootleg' items to be advertised on my forum, as the people selling these items register their own username and post this information on my forum. There is also a 'classifieds' section in which other users buy, sell and trade items that are fan-made, independent and NOT official. My website basically revolves around this specific movie character and items relating to the movie which are not official. Over the past two years I have complied with things being removed and then this person from the film company goes away for awhile, but then returns every few months with a new demand. This time, I am being asked to remove my entire classifieds section, as the items within it are 'bootleg' items according to this person. A big portion of my website revolves around users being able to buy, sell and trade these items. If I can't have this portion of my website, it would defeat the purpose of the site as a whole.

The demands are getting ridiculous, and I just want to know what my rights are. Please help. Thanks.

[jk]

It sounds like you are illegally using a copyrighted character to publicize your website and then you knowingly allow illegal sales of the character via your website. Am I misunderstanding what you have said?

[ddeg10]

I own a website where fans can come and discuss movies, this specific character, and things revolving around the character. The fans/members talk about how much they enjoy the film. I didn't know it was illegal to make a fan website? My members also happen to discuss items which are sold between members in the classifieds section. So yes, this forum is an outlet for all things regarding this character, and some of the posts happen to be items my members buy, sell and trade with each other that are NOT officially licensed items. These are items they create themselves.

[jk]

do you use the name or likeness of the character?

do you make any money from the site? Actually doesn't make a diff but if you do, it reinforces the fact you are using another another persons character illegally.

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bottom line; at best, your use would be questionable. If you have a lot of money to defend a suit should the owner of the copyright decide he is tired of asking, then keep on keeping on.

You also should realize that they can seek actual damages and since people are selling unlicensed products through your website, it kind of proves they have damages. Beyond that, there are statutory damages available to them (if they win of course) of somewhere around $150,000 I believe.

I would suggest making an effort to comply with the requests or hire a lawyer that will argue your use is simple fair use or anything else he believes is available as a defense.

here is a site from the US copyright office explaining fair use somewhat:
http://www.copyright.gov/fls/fl102.html

[jk]

I am surprised the owners haven't simply sued you into non-existence already. There are so many violations on that site I don't know why they have't simply given you a cease and desist order for the entire site.


If you want to keep that site up, I would suggest actually hiring an attorney that specializes in IP to see if there is any way possible.