What You Can Post (probably)

[Donald Markstein]

Anders Christian:
The name "Uncle Scrooge" can't actually be copyrighted, since it's too
short. Instead, it's protected by trademark. This allows you to refer to
Scrooge by name all you please (so don't worry about them saying you can't
mention the name), as long as you ARE referring to their trademarked
property, and not to something else trying to use the name, and as long as
you don't use the name in advertising in such a way as to compete directly
with Disney or its licensees.

As for pictures, most use of them on the Web is covered by "Fair Use"
copyright provisions, whereby you're allowed to use a small part of a
copyrighted work when referring to it. Usually, they won't bother you for
using individual covers, but it's easy to see how a large body of them might
be considered a compilation of their material, and therefore theirs.

Posting whole stories is illegal, but I suspect this is one of the areas
where compromises are going to wind up being made. Most people seem to
consider it okay to post a story that isn't available any other way (except
perhaps at inflated collector prices), and I think that may be how it shakes
out when the law catches up to the accepted practices of decent people.

So you're definitely right to take the stories down when they're made
available in print. Putting them up in the first place -- depends on the
copyright holder. You're safe in most cases, but always be prepared to take
them down instantly, if the copyright holder asks you to. (That's the main
thing -- the copyright holder asking you to stop.)

Also, I think in most cases, when a story is posted only for a very limited
time, and access to it is limited (i.e., its location is given only in
newsletters like this), you're probably on safe ground. Again, it depends on
the copyright holder. Disney is notoriously litigious, but even they
probably aren't going to bother you if you're very careful not to do
anything likely to dilute the marketability of any of their properties.

Quack, Don

Today in Toons: Every day's an anniversary. What's today?
http://www.toonopedia.com/today.htm