Would I Run Into Legal Issues from A TV blog?

[ComicStix]

I'm thinking about making a blog about TV shows. Obviously TV shows are copyrighted materials and I'm afraid I'll get sued for making a blog that gives my reviews and opinions. Would I be able to use pictures from the shows if I gave them credit? Like if at the end of the article I said "courtesy of so and so network" or if i said "all tv shows belong to their respected owners"? Is this too risky? I don't plan on using any video from the shows on the side so I don't have to worry about getting slammed with rebroadcasting related issues.

[robjones]

Disclaimer: Some here have a better handle on the legal aspects of intellectual rights on the net, and if anything I say conflicts with htmlbasictutor or others of that magnitude of experience... Ignore my input where it conflicts.
----
That said... It sounds like your plan to avoid clips will keep you on the good side of potential issues. As tv shows are broadcast to the public, sharing your opinion of them shouldn't be an issue whatsoever.

What I don't know is the rules pertaining to your question about pictures. My guess is you might check the TOS on some official sites for shows and see if they have any statement allowing re-use of their images and the attribution requirements they state. Anytime we post a pic we did not personally create we stand a good chance of violating someone elses intellectual property rights and if it is not allowed it doesn't really matter if attribution is offered.

On that last point I'd be curious to see if someone more familiar with the topic has some rules of thumb, especially regarding TV shows if there's a difference between those due to the nature of the fact they're broadcast.

Nice to see someone asking these questions BEFORE they build the site instead of asking someone to bless their practices afterward. Good call on your part.

[ScriptMan]

Like Rob, I am not a lawyer and do not play one on the Internet.

My understanding of the law is reviews are fair game. They are nothing but your opinion of what you read, saw or heard. There are even some copyright exceptions for quoting a snippet of text and maybe even a few photos. This IMO falls under the "fair use doctrine".

In your specific case I would have a standard disclaimer in the footer of my site, as I do on mine that says:

Any ™ Trademarks used on this site are used for identification purposes only and are registered marks of their respective owners.

In your case if you desire to include screen captures or photos I would credit them to their respective owners.

Nice to see someone trying to do the "right" way.

[HTMLBasicTutor]

Building on what Rob said,
Say you wanted to write about the Simpsons. Here is what is says under Fox's TOS for the Simpson's site:

The Site and Company Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of Company ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Company, Company owns and retains all rights in the Company Content and the Company Services. Company hereby grants you a limited, revocable, non-sub licensable license to access and display the Company Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Company Services. The Site and Company Services may also contain Content of users and other Company licensors. Except as provided in this Agreement, by prior written consent of Company, or as explicitly permitted on the Site or Company Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Site and/or Company Services. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting Company in writing the Site Administrator at terms@fox.com.

Further, except as explicitly and expressly permitted by Company, you are strictly prohibited from creating works or materials (including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise) that derive from or are based on the Company Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away. You may not either directly or through the use of any device, software, internet site, web-based service or other means remove, later, bypass, avoid interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Company Content or any digital rights management mechanism, device, or other content protection or access control measure associated with Company Content including geo-filtering mechanisms. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of Company Content unless authorized in writing by company. You may not build a business utilizing Company Content, whether or not for profit.

FOX Network Sites Terms of Use

So they do formally have the right to go after you if you use any of their content without following their TOS or getting their permission.

Do they go after everyone? Probably not, but they could.

(not a lawyer either but am very cautious when it comes to using other people's stuff)

We have 2 resource sticky threads in this section that you could look at:
Copyright Resources
Trademark Resources

I know you are quite young from your other posts. Perhaps have your parents read over the information we have found for you so you all know what you are getting into and whether you need to refer to some legal advise (someone who's expertize is copyright and trademark law).

[peeping4dsun]

Why don't you use software that make illustrated picture out of real picture and it won't be copywrited since you render it somehow

[ScriptMan]

Originally Posted by peeping4dsun

Why don't you use software that make illustrated picture out of real picture and it won't be copywrited since you render it somehow

Please make sure you are giving sound advice or state it as your opinion.

You may want to do a little more research, derivative works from original are often protected.

[Attorney Jaffe]

There is an exception written into copyright law called "fair use" which applies to sites which use another's intellectual property for the purpose of commentary, criticism, news reporting, research, teaching, etc.

As long as your blog is using the description for commentary and criticism you may use copyright material from the shows.

However, the law uses a 4 prong test for the fair use exception as follows:

17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2.the nature of the copyrighted work;
3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4.the effect of the use upon the potential market for or value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Take note of #1 - The more you commercialize the site, the less likely that fair use will apply.