Could a webpage about a fictional character, that reveals no detail about said character, be considered fair use? It is my understanding that since fictional characters generally belong to copyrighted works, revealing details about a fictional character on a for-profit website falls outside of fair use and makes the site owner vulnerable to a lawsuit. My question is, would it be considered fair use to have a page for a fictional character, where no details are listed other than the character's name? The point would be for users to simply rate the character. One concern I have is that perhaps the name itself could be considered "details" of the work, and therefore might not fall under fair use. Important: Pages may also have a user-added image of the character. I profit by selling adspace through AdSense.
If you are utilizing the name of the characters just so users can rate them (by rate - I mean rank, review, critique) you should be fine. Copyrights are subject to "fair use" by the public. For purposes such as review, criticism, and comment - this is generally considered to be fair use. Is the site commercial or for-profit? That could impact the analysis, but only if you are making money flowing from the use of the actual copyrighted material(s), rather than advertising (like Adsense) or something similar (this should not suggest that those type sites cannot violate copyright, but it's part of the analysis). If it is something you are investing money into creating, you may want to get a formal legal opinion. But if the site if for fun, or hobby, you are likely fine if what's described is the only use. http://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/ This link is to a great, easy to read and understand article on fair use, what it is and what it allows. Keep in mind each case is fact intensive, however, from what you are describing this seems fine.
"...the listing ad of property is not a property of website." Why do you think that? Just because a website exists does not mean you can legally scrape it. Read the Terms of Service of the site; there is a good chance the TOS forbids scraping or copying of any part of the website in any manner, including scraping. If the property listings are from a third party service that provides real estate listings to websites, then those property listings are licensed to that website, and by scraping them you will likely be violating the TOSs of those two services. By illegally scraping the content of a website, you are opening yourself up to being involved in copyright infringement and/or being liable to be the subject of a civil lawsuit.
The relevant question for libel under US law is "would a reasonable person understand this to be a statement of fact about the plaintiff, or to imply a statement of fact about the plaintiff." It doesn't directly matter if the name was changed or not; what matters is if a reasonable person would think the statements in question are talking about an actual person (the plaintiff) and are stating (or implying) actual facts, or if a reasonable person would think the statements in question are pure fiction and don't say anything factual about the plaintiff. Changing the name tends to make it seem more like fiction, but that's not always enough: suppose I write a long fictional story about Theodore Bau, who is active on the Pile Market series of online Q&amp;A sites, particularly a history one and a board games one, who published an economics book in 2004 and was an econ and history double major, and fills in more details from Tom's SE bios, and in the book talk about how Mr. Bau stole money from clients; I then send thto potential clients of Tom Au. The fact that I changed the names and said "this is a work of fiction and any similarities are coincidental" isn't exactly an automatic get-off-scot-free card. On the other hand, if I'm telling a story about Tom Au that uses a fair bit of your backstory, with no disclaimer that any similarities are pure coincidence but Mr. Au lives a secret life as a legitimate supervillain, a reasonable person is unlikely to conclude that I'm saying that you actually have a volcanic lair and that you are actually plotting to capture a US and a Russian missile sub to provoke a nuclear war. In this case, the court determined that a reasonable person familiar with the context could understand the book to be talking about the plaintiff's actual behavior, instead of just talking about a fictional character. The fact that it was fiction and the names were changed suggested that it wasn't talking about the real plaintiff, but the details of the book could make it go the other way.
I know that some of this may be covered by either the Creative Commons license or the OGL it was published under, but it's not clear to me how far those freedoms extend. It was all published as materials under copyright to the original authors, TSR, WotC, &amp;c. and if things had been left like that hszmv's answer would've been completely correct: stay vague and allow users to enter those names and descriptions, talk to WotC's lawyers and sales department about license fees, or just keep it to yourself and your friends. You're right, though: WotC went whole-hog, dumped their partial OGL idea, and relicensed some things as Creative Commons. There are different Creative Commons licenses, though, some restricting commercial use that would still keep your app to yourself and friends without a specific licensing agreement. Go find out exactly what WotC put under CC. If it's only the Player's Handbook, then you can only use names and descriptions that are from the Player's Handbook and you're still facing a cease-&amp;-desist if you start adding in Monster Manual info.If it's everything, it's everything they have but still won't include any older modules that they don't have the right to change the copyright status of. It'll still be under copyright, usually until 70 years after the death of the original creator. For Gary Gygax, that'll be 2078. Expect that length to extend during your lifetime though. US copyright usually extends every time Mickey &amp; friends come close to entering the public domain. [Edit: The comments below suggest it might only have been the Systems Reference Document (I assume for 5e). It's 403 pages of not nothing but it's not much given the universe we're talking about. The spell and monster lists are generic. Bigby is nowhere to be found and the only mention of a beholder is a reminder not to use the name beholder without their written approval.] Go find out exactly which CC WotC used. The article above says &quot;all use&quot; but you need to find out the exact number of the Creative Commons license for each thing you're using and make sure all of your uses fall within its terms. Some are basically free use but still insist you mention the copyright holder prominently or in every use. Go ahead and do that if you have to. [Edit: The comments below say it is probably CC 4.0. The SRD download page says you can use CC 4.0 or their own OGL. In both cases, yes, you must acknowledge WotC by name in a way prominent enough to satisfy the license you choose.] And of course, Don't trust legal advice from internet randos or ChatGPT. If this is a serious thing you're going to be spending a good chunk of your life working on or expect to make significant money from, go talk to an actual lawyer. Bonus points for one specialized in IP with a knowledge of roleplaying and the way it's been (partially) opening up lately.If you start off just by talking to WotC's lawyers, just do that somewhere where you get their explanations and permissions in writing. Then keep that somewhere safe in electronic and hard copy. Then still take that with you when you go talk to your own lawyer.
You can, and many authors and other creators of fiction do, use the names of real newspapers, real brands and products, and real people without obtaining permission from anyone. As long as those names are not being used to market or identify goods or services, the use cannot be trademark infringement. There idea that you cannot &quot;defame the brans&quot; is in fact much narrower than many people think, and than it used to be. Particularly in the united-states free speech rights often supersede protections against so-called trademark &quot;defamation&quot;. In the US all of the examples in the answer by Jack Edwards would be clearly legal, an they probably would be in many other countries as well, if they appeared in a work that was clearly fictional. If a work mof fiction uses the name of a real person, and other identifying details that make it clear just which real person is being mentioned, and if statements that seem to be statements of fact, not opinion are made about that person, and if those statements are false and negative, and if a hypothetical reasonable person would believe that those statements are about the real person, not a fictional person, thereby harming that person's reputation, then if all that is true, the person might have a valid claim of defamation.
It's questionable, because if you design your own visual interpretation of the T-Shirt then it isn't necessarily the one from the book and thus your art has it's own copyright. However, if the current Copyright Holder and Possible Trademark owner is selling the shirt it could be an issue because yours is not official but being sold as one. If you're making it for non-sale and just cosplay, than you have a better arguement.
No. Copyright protects expressions of ideas, not ideas themselves and not historical facts either. Conceivably, the persons written about might have a commercial right to use of their person or image, but the doctrine there is not copyright and the analysis is different.
Under the Berne Convention, a copyright notice is not required at all, although using one is good practice. Using one usually eliminates the claimed status of "innocent infringement", which, if found true by a court, greatly reduces damage awards. It is usual to place such notices at or near the start of a work. That is where people tend to look for them, and I don't see any good reason not to follow this practice. The book tradition is the the copyright page comes before any part of the actual work, including the table of contents, sometimes with a continuation at the end of the work, if there is more than one page of notices. But that is not now a legal requirement, if it ever was. In short, there are no rigid rules on this, but putting a copyright notice at or quite near the start is good practice, and I would suggest sticking to it.