Forum rule question: Can someone please explain the copyright infringement rule to me?

Azurephoenix999

This is the rule to which I am referring, I've put the part that I don't fully understand in italics:

"Copyright Infringement: Names and Material: We do not allow copyright-protected names on our forums. Copyright-protected names are typically from well-known original characters in books, games, and movies. We also do not permit discussion about the illegal distribution or use of copyrighted material, such as private game servers or pirated movies, music, and games."

Does this rule prevent us from mentioning fictitious characters on the forums? You know, like the famous wizard who studies magic at the castle school and fights a bald dude with the pet snake, the blue hedgehog that runs fast, the plumber who can shoot fire out of his hands, and the yellow family with the christian neighbors. Are we allowed to mention them by name, or does this rule prevent us from doing so?

wayfarerx

International copyright law is incredibly nuanced and complex. The clause you quoted above is basically just ZOS covering their ***. So if someone comes on and posts the first chapter of the book about the aforementioned wizard ZOS can close the thread and point to their TOS as the reason.

However, fair use provisions in the US (where ZOS is located) allow us to mention, critique and discuss copyrighted works as we see fit without fear of reprisal.

However (again), this is a private site owned by ZOS and they can close down any discussion as they see fit.

However (again again), there are many people on the forums who's name or character names come directly from copyrighted works and I'm not aware of any action taken against them. In fact one of the character names in my signature comes from a copyrighted work and I've never had an issue.

Azurephoenix999

Ah, I see. Thanks for the help!

Volkodav

Azurephoenix999 wrote: »

This is the rule to which I am referring, I've put the part that I don't fully understand in italics:

"Copyright Infringement: Names and Material: We do not allow copyright-protected names on our forums. Copyright-protected names are typically from well-known original characters in books, games, and movies. We also do not permit discussion about the illegal distribution or use of copyrighted material, such as private game servers or pirated movies, music, and games."

Does this rule prevent us from mentioning fictitious characters on the forums? You know, like the famous wizard who studies magic at the castle school and fights a bald dude with the pet snake, the blue hedgehog that runs fast, the plumber who can shoot fire out of his hands, and the yellow family with the christian neighbors. Are we allowed to mention them by name, or does this rule prevent us from doing so?

I would never have the balls to actually name my character that particular wizards name. Just sayin,..
XD

DannyLV702

Hmmmmm all this talk of illegal stuff is catching my attention

DannyLV702

Just don't drink and drive...

Danikat

I assumed it was referring specifically to account names.

Although a lot of the specifics vary by jurisdiction broadly speaking copyright laws mean that if you picked the name of a character from a book or a movie or whatever as your account name (or your character name in-game) the copyright holder would be able to sue for breach of copyright - because you are presenting their name (or entire character) as if it's your original creation.

And since legally all ZOS is doing is allowing us access to a service, which includes the ability to make and name characters and accounts and the odds are they have more money and more interest in a quick, quiet out of court settlement than you do they're the ones who are likely to be on the receiving end of that lawsuit.

It's highly unlikely they would take action unless a copyright holder complained (as shown by the numerous characters in this and every other MMO named after copyrighted characters), but it means if someone did complain ZOS could show that it was a breach of their terms and conditions and therefore not something they were allowing, force the person to change the name and in the vast majority of situations that is enough to stop it going any further.

(Yes I do actually have some experience with this, the short version is I used to moderate 2 forums which received cease and desist orders periodically because of members breaching copyright. And yes I'm very sure the people sending the letters would have followed up if necessary.)

Volkodav

If they dont want you to have a certain name they will contact you ingame and tell you to change it,with the option in the message.
It happened to me,for using a name that was part of a certain History.