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Funko Pop abuses domain name reporting system, takes down itch.io (lemmy.ml)

submitted 2 years ago by HiddenLayer555@lemmy.ml to c/gaming@lemmy.ml

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https://x.com/itchio/status/1866017758040993829

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[–] jordanlund@lemmy.world 0 points 2 years ago (1 children)

It's not fair use to use images and names you have not licensed.

See this asshat:

https://youtu.be/Nv8llGq9fkY

https://www.reddit.com/r/HobbyDrama/s/TCK6HUAFm7

[+] umbrella@lemmy.ml 0 points 2 years ago* (last edited 1 year ago) (1 children)

[deleted]

[–] jordanlund@lemmy.world 0 points 2 years ago (1 children)

No, it isn't.

https://copyright.psu.edu/copyright-basics/fair-use/

"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

the nature of the copyrighted work;

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

the effect of the use upon the potential market for or value of the copyrighted work."

So, me, making a fan page for FunkoPop versions of the Five Nights at Freddies characters and using their images? THAT'S fair use.

Me charging money for a fan game based on the same Funko versions of those characters is NOT fair use.

"Section 107 of the Copyright Act gives examples of purposes that are favored by fair use: “criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, [and] research.”"