Droid theme developers - How do you not get sued?

Discussion in 'Android Themes' started by Holliday88, Aug 5, 2010.

  1. Holliday88

    Holliday88 New Member

    Joined:
    May 10, 2010
    Messages:
    11
    Likes Received:
    0
    Trophy Points:
    1
    Ratings:
    +0
    In looking at the droid market, I see a ton of themes based on intellectual property that hasn't been licensed (movies, tv, sports, etc.)

    My question, is this ok? How do you not get sued by the owner of said IP? Is simply putting 'Copyright held by respective owners" enough?
     
  2. realigion

    realigion Member

    Joined:
    Feb 10, 2010
    Messages:
    96
    Likes Received:
    0
    Trophy Points:
    6
    Ratings:
    +0
    Holliday, I think most of the time it doesn't pose any threat to those copyright owners. However, a simple disclaimer stating you have no intention of copyright infringement and all copyrighted and trademarked material belongs to their respective owners should be enough. Just if they ask you take it off, just take it off.

    EDIT: Also, the themes you see in the market aren't the same themes that most of us here develop.
     
    #2 realigion, Aug 6, 2010
    Last edited: Aug 6, 2010
  3. WAHarris

    WAHarris Member

    Joined:
    Mar 19, 2010
    Messages:
    77
    Likes Received:
    0
    Trophy Points:
    6
    Ratings:
    +0
    Just be careful, one of the fellow themers here was sued due to copyright infringement on some of his sports themes, I believe it was the NFL. It was a pretty large fine, with a nice chunk of it due up front.
     
  4. bamfsig45

    bamfsig45 Member

    Joined:
    Nov 3, 2009
    Messages:
    883
    Likes Received:
    0
    Trophy Points:
    16
    Location:
    ICT
    Ratings:
    +0

    got a link??
     
  5. WAHarris

    WAHarris Member

    Joined:
    Mar 19, 2010
    Messages:
    77
    Likes Received:
    0
    Trophy Points:
    6
    Ratings:
    +0
    I don't think it was ever posted on the boards.
     
  6. SupAll

    SupAll Member

    Joined:
    May 2, 2010
    Messages:
    203
    Likes Received:
    0
    Trophy Points:
    16
    Ratings:
    +0
    That doesn't surprise me, it's the NFL we're talking about. They'll sue you if you use a number with someone's name on it without permission. Very picky.
     
  7. Koveleski

    Koveleski Premium Member
    Premium Member Developer

    Joined:
    Jan 19, 2010
    Messages:
    1,115
    Likes Received:
    1
    Trophy Points:
    38
    Location:
    Poughkeepsie
    Ratings:
    +1
    People haven't been sued because the IP owners haven't caught on yet. I'm sure Nintendo could have a field day with all the people profiting off of Mario and Zelda.

    While there isn't really a link to share, if you look back @ some of his tweets you can see him talking about it.

    jairomeo (JaiThemes) on Twitter

    Maybe put him on follow and see how things pan out.
     
  8. UltraDroid

    UltraDroid Super Moderator
    Staff Member

    Joined:
    Apr 21, 2010
    Messages:
    2,912
    Likes Received:
    505
    Trophy Points:
    193
    Location:
    Cleveland, Ohio - The North Coast!
    Ratings:
    +555
    Current Phone Model:
    Note 3, straight stock
    I'm not following part of your argument - you spoke of people "... profiting off of Mario and Zelda". I have NEVER seen a theme on any of the forums with a price on it. Yeah, the developers ask for donations, but that really is a voluntary thing, and it's not exactly "X amount of dollars, for the use of my theme, whose characters and images I lifted from another source"

    I don't think any of the themers are really making money off the process. Most of them do it because they enjoy doing it and like sharing with others or enjoy the accolades they get from the grateful users. Of course there are still laws dealing with intellectual property rights and copyright violations, but the flip side of that is the publicity the use of the themes generates for the actual owners of the characters/ideas which are depicted in the themes. You see a theme on a phone dealing with Batman, you're gonna think "BATMAN!", and think about either the DC Comics or the Warner Brothers movies, and maybe go rent or buy one of the films.

    My point in this long post is that no one is making much money, if any, off these themes. The themes are a source of enjoyment for most people who use them, and the most the developers usually get for their efforts is just gratitude.

    My two-cents worth...

    -Mike
     
  9. stewart1champ

    stewart1champ Premium Member
    Theme Developer Premium Member

    Joined:
    Apr 21, 2010
    Messages:
    702
    Likes Received:
    0
    Trophy Points:
    16
    Ratings:
    +0
    That is all I care about. A thanks. Just a simple post to say they enjoyed the theme.
     
  10. UltraDroid

    UltraDroid Super Moderator
    Staff Member

    Joined:
    Apr 21, 2010
    Messages:
    2,912
    Likes Received:
    505
    Trophy Points:
    193
    Location:
    Cleveland, Ohio - The North Coast!
    Ratings:
    +555
    Current Phone Model:
    Note 3, straight stock
    And you guys *deserve* the gratitude and thanks of ALL the users. One of my big pet peeves is people who DON'T say thank you for something someone does for them. My parents were very strict about manners, and it really bothers me to see people *demanding* things from people who theme or develop roms. And then, when they've got the change they wanted, they disappear from the thread like ghosts. Never come back to say "Hey, thanks for making that change - works great now!" Nothing - they're outta here, until the next time they want something.

    All I can say is that I wasn't raised like that, and I *am* grateful to all of the developers for all the marvelous roms and themes. Thanks Guys! :)

    (Of my soap-box for now)

    -Mike
     
  11. Koveleski

    Koveleski Premium Member
    Premium Member Developer

    Joined:
    Jan 19, 2010
    Messages:
    1,115
    Likes Received:
    1
    Trophy Points:
    38
    Location:
    Poughkeepsie
    Ratings:
    +1
    Perhaps because I wasn't referring to the forums as the only source to acquire themes. With something like ROM Manager or in the market itself, you start to see the violations. Here on the forums, most people are simply putting stuff out there and enjoying the community's collective pool of creativity.

    Go into market and search for "ADW Mario theme" and you'll see what I was referring to. And I should add, the OP mentioned that he went into the market and saw all these questionable themes - which is why I assumed we'd be taking that into account during the discussion and not just focusing on the forums.
     
  12. stewart1champ

    stewart1champ Premium Member
    Theme Developer Premium Member

    Joined:
    Apr 21, 2010
    Messages:
    702
    Likes Received:
    0
    Trophy Points:
    16
    Ratings:
    +0
    I don't see how anything is helped by people "charging" for themes. Of anything. That is rediculous. I theme because I wanted to change my phone, showed a pic, others enjoyed it, so I loaded it for others to use. It has just taken off from there. I, personally, will never charge for that.

    Heck, I have ran website for 7 years, and have NEVER even allowed an ad to be on the site. If you do something for a community, do it because you like it, not because you want paid.