I need someone with web page and copyright knowledge

[Steven Stone]

My son and I are getting ready (or wanting to) set up a web site that people can go to and read reviews of video games. There are very few "family friendly" web sites that review video games. We would review various games so families can be educated. My question however, is one of legal copyright laws. Does a reviewer have to get permission from the company that produced the game before they comment on a public forum, such as a web site or is this a part of my free speech rights? Is a Blog different than a web site when it comes to what content can be put in it and freedom of speech?

[Jon Twitchell]

I'm not a copyright lawyer.

However, I believe that you should be fine posting accurate reviews. However, you would probably need to ask permission to post screen shots of the games or any logos.

[Ed Sherman]

Copyright and Trade Mark laws were created to prevent the unscrupulous profiting from the work of others. So long as you are not profiting from the use of game logos/photos, then you are not infringing upon on copyright or trade mark.
If you are charging a fee for use of your website, or selling advertising space while using the game photos/logos as an attraction then you are infringing on a copyright/trade mark.
From what you've described I would venture to say you'll be safe from any cease and desist letters. As per the actual reviews, you are free to say anything you like about the product so long as your claims are neither negligent nor reckless. Best wishes.

[Dave McClung]

My son and I are getting ready (or wanting to) set up a web site that people can go to and read reviews of video games. There are very few "family friendly" web sites that review video games. We would review various games so families can be educated. My question however, is one of legal copyright laws. Does a reviewer have to get permission from the company that produced the game before they comment on a public forum, such as a web site or is this a part of my free speech rights? Is a Blog different than a web site when it comes to what content can be put in it and freedom of speech?

Even lawyers who make their living dealing with copyrights often differ about what is a violation of one's rights. It would not be unusual, especially if you give a negative review, for you to get a letter from a lawyer saying that you are in violation of copyright laws and demanding that you stop.

In my experience, there are basically three levels of violations of copyright laws:

1. Anything that gets close will draw a letter from an attorney asking you to stop.
2. If you really get close to the line, you may actually draw a law suit.
3. It takes a pretty clear violation of the law to actually lose a law suit.

As a practical matter, winning or losing the law suit isn't what matters. The cost of defending a law suit is enough to bankrupt most of us. So the practical answer is do what you think is right and proper. If you draw a letter from an attorney, consider carefully if continuing is important enough to defend your actions in a court of law.