Just out of interest, I asked a friend whose law firm deals with copyright / trademark issues...
This is the question I put :
Imagine I acquire some Marvel comic character images (perhaps scanned from actual comics), and I use them in a game I make on the computer where they feature prominently in the action, which I then put up on my website as a freebie for all?
Would they (Marvel) care about this since I wasn't earning any money from anything?
Or would they be happy for some free publicity?
and the reply...
Bottom line...
You will get into trouble. . Even though you are not SELLING the program per se... you are using the characters..... so its classic trade mark & copyright infringement.... if they do do anything - it would probably be to get an interdict against you / write a letter of demand / cease and desist letter to you.... i was however told that costs only become an issue once legal proceedings are actually instituted.... so as long as they don't do that, you could just remove it from your site... but see there is always a risk that someone could find the program on the net, and exploit it and start using it for their own financial gain, so MARVEL can't very well allow that.... so its a bit iffy at best.
Oh, and they don't need the free publicity....;-)
So I say... go for it !!!
This is the question I put :
Imagine I acquire some Marvel comic character images (perhaps scanned from actual comics), and I use them in a game I make on the computer where they feature prominently in the action, which I then put up on my website as a freebie for all?
Would they (Marvel) care about this since I wasn't earning any money from anything?
Or would they be happy for some free publicity?
and the reply...
Bottom line...
You will get into trouble. . Even though you are not SELLING the program per se... you are using the characters..... so its classic trade mark & copyright infringement.... if they do do anything - it would probably be to get an interdict against you / write a letter of demand / cease and desist letter to you.... i was however told that costs only become an issue once legal proceedings are actually instituted.... so as long as they don't do that, you could just remove it from your site... but see there is always a risk that someone could find the program on the net, and exploit it and start using it for their own financial gain, so MARVEL can't very well allow that.... so its a bit iffy at best.
Oh, and they don't need the free publicity....;-)
So I say... go for it !!!