iconbadgta,
your post has some truth; however, the distinction between what is fair use and what is infringement is determined on a case by case basis. Warner Bros. has already acknowledged the creation of these works. Furthermore, acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Not only was it never brought to the table — acquiring permission that is — but Bleed has been warned and has since let us in on the news as well. I wouldn't try to throw your weight around all gung ho-like boasting your argument of this project falling under fair use if a finalized copy materializes at this point. Besides, Warner Bros. Entertainment Inc.'s
Terms of Use agreement
clearly states per their "
Your Use of Material" clause:
Warner Bros. Entertainment Inc. said:
Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited.
You may access and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Warner.
Any authorization to copy Material granted by Warner in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices.
Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
To my knowledge, Bleed was basically read the Terms of Use, or received a partially canned response reiterating it with some fresh verbiage mixed in. This would be the second time Warner Bros. has made us aware of their permissible use as it's readily available on their website (but also since you just read this).
I've perused this thread since day one, checking in weekly for updates. I don't post much, as you can see; however, I've been around for a while now which, again, I'm sure you can see. I want
nothing more than to see this reach end stages and be compiled for consumption by the masses. This has been, and continues to be, some quality f
***in' effort if I do say. Bottom line: Warner Bros. has issued a warning and has clearly outlined what they deem permissible to Bleed and Bleed to us. I'd advise reaching out to Warner Bros. legal and gain some clarity before jeopardizing yours or anyone's future for that matter. I doubt anyone will need this however this might be useful for someone:
Please forward any questions regarding privacy to
privacy@wb.com. Please forward any questions regarding other legal matters to
legal@wb.com.
I'd suggest everyone continue working on the character models, etc., for personal use — as fan art like WB suggested. This type of discussion shouldn't be taking place anyways. Truthfully, it only further jeopardizes the continued group effort of it with out unnecessary repercussions. I hope this post serves as the settling of the legal talk as I've seen it brought up time and time again in pages prior. Perhaps one day simply reaching out could be enough for an 'OK' to come across through email, over the phone, in person, etc., in combination with the legal adviser whom you're meeting/speaking with having woken up on the right side of the bed, of course.
On topic:
Excellent work lately, everyone. Even Kahn would lend a non-sarcastic "OUTSTANDING!" if he saw arq_hawkin's most recent Goro. Also, it's nice to see Mortal Wombat actin' like a brotha now instead of rustlin' everyone's jimmies on the daily.
P.S. - Leave Bleed alone. So what that he flaked. This was never a guarantee.
That's my .02¢ anyways.