On the legality of using artwork as &#39;character references&#39; for a roleplay site
<p>I'm planning on doing a bit of a web app project, but worried that it may be in a legal gray area and looking for some clarification and perhaps warnings on what not to do. The project outline is more or less the following.</p>

<p>The web app will allow users to 'roleplay' online through writing, acting as one or more characters. These could be based on some artwork they've seen, a movie character, or some other fictional being.</p>

<p>Now, I do want my users to be able to upload image 'references' to these things. But again, I'm afraid this will fall under copyright infringement.</p>

<p>However, I've also heard about something called 'transformativeness'. Does writing a story or using artwork as references for roleplay count as 'transformative'?</p>

<p>In the Wikipedia page about it, <a href="https://en.wikipedia.org/wiki/Transformativeness" rel="nofollow noreferrer">link here</a>, it says:</p>

<blockquote>
  <p>In United States copyright law, transformativeness is a characteristic of some derivative works that makes them transcend, or <strong>place in a new light</strong>, the underlying works on which they are based. <strong>In computer- and Internet-related works, the transformative characteristic of the later work is often that it provides the public with a benefit not previously available to it, which would otherwise remain unavailable.</strong> Such transformativeness weighs heavily in a fair use analysis and may excuse what seems a clear copyright infringement from liability.</p>
</blockquote>

<p>And I'd argue that putting a history, personality, setting, and acting those things out among other roleplayers would count towards both putting the artwork into a new light as well as bringing a new benefit for the public that wouldn't otherwise be there.</p>

<p>In addition to the above. Would anything change if I were to use Patreon to support the development and maintenance of such a site?</p>

<p>Either way, I would like to hear anyone else's thoughts on the matter. And I will probably signup for safe harbor never-the-less.</p>

<h2>Fortunately, you are not in a legal grey area - what you are proposing clearly violates copyright and trademark law</h2>

<p><a href="https://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/" rel="nofollow noreferrer">Transformitiveness</a> under copyright law involves commenting on, criticizing or parodying the original work - you are not doing that.</p>

<p>In addition, fictional characters have trademark protection - you cannot use, for example, Mickey Mouse, Sherlock Holmes or Captain America without the permission of the trademark holder. Trademarks do not need to be registered to be protected.</p>

copyright fair-use