Image copyright issue

TVMaze don't own any of the images therefore it's not possible for TVMaze to give you permission for them (and realistically you can't ask every network for permission for each image).

If you read the copyright on TVMaze, it says "Our users are instructed and encouraged to respect copyright...

...If you feel that, despite these precautions, your copyright has been violated, please file a complaint with us via our Forums"

The reason they probably rejected it is because there's no guarantee (or even any indication) that the user has adhered to the rules; examples where it's not allowed to use the images are: When it's taken from a screener, the license explicitly disallows redistribution & when the image is copyrighted, but the license isn't shown (you can't assume; you'd have to contact them).

You could try:

1. Including a similar disclaimer/DMCA/copyright message, linking to TVMaze's page.

2. Blurring the images in your screenshots (it's worked for some and not for others)

3. Making an appeal if you disagree and can justify it

4. Completely removing the images

5. Uploading it to a different store

What TVMaze (and most sites) use falls under "fair use", at least as far as American copyright law is concerned. The source is typically credited, only a small % of the work is copied, the material is published in such a way that it's clear that TVmaze is taking no credit for originating it, and/or the material is taken from source that intended it for distribution and publicity.

Whether the app store in question takes a more stringent approach to copyright and fair use, or is following a different country's laws, is something TVMaze has no control over.

It's not clear why the app store sent you the link in question, In the link it notes that titles can't be copyrighted, but your app store claims that they can be. I'd say that the app store is wrong: if they were right, it would mean (for example) that anytime anyone wrote or said the words "Star Trek," they'd be violating copyright. That's not the case. If anything, the link says that someone should file a complaint if they believe their copyright is being violated. If the app store believes that TVmaze is violating their copyright, they'd have to file a complaint and specify what copyright is being violated. They can't file a complaint for someone else.

They can refuse to use your app for whatever reasons they wish. Unfortunately, there's nothing TVMaze can do about that.

The relevant question, though, is: what would you like TVMaze to do?

There are several app stores. I would think that TVMaze would first need to know which one, and who told you that using show titles is a violation of copyright.

Then a staff member would need to check and see if they carry other API-type apps. And then reach out to the specific app store/individual and find out why those are acceptable copyright-wise but TVMaze isn't. If it's just a matter of legal wording, that can probably be changed. If the change isn't possible, or there's another reason not to do it, then a staff member would need to decide that

You say that the store needs "proof". What kind of proof would they accept? TVMaze carries shows from across the world. Does the store require some kind of signed affidavit from every production company of every show that TVMaze covers? Or what?

if the store refuses to carry any API-type apps, then it may not be possible to oblige them no matter what. Alternately, if they think TVMaze is in violation of copyright by its very existence... well, there's not much TVMaze can do about that. ;)

But finding out what store and what person is the first step.

gazza's list is worth following. I've seen apps using the API be approved on their second attempt by performing nr2.

Also, is there money involved?

While show titles can't be copyrighted per se, if they're being used to make money than it becomes messier.

Gadfly,

I think you might be slightly confused, it's not the really titles that they're complaining about, but the usage of images.

gazza911 wrote:
Gadfly,
I think you might be slightly confused, it's not the really titles that they're complaining about, but the usage of images.

That's not (all that) the original poster said. "I have been advised by app store that the images, names, description, network etc of TV Shows are subject to copyright."

It doesn't say names of charaacters, but the names of TV shows.

It looks like the app store complained about the use of... well, everything. Images, names, description, network, etc.

I think that the app store might be slightly confused. But going by the original post, they're the one who think that names (show names, character names, any kind of name) on a TV show "are subject to copyright." Unless someone is profiting off of the names, they're wrong. And TVMaze isn't profiting off of the use of a copyrighted name or show.

Gadfly wrote:
Also, is there money involved?
While show titles can't be copyrighted per se, if they're being used to make money than it becomes messier.

No, app does not involve money. Its free.

gazza911 wrote:
TVMaze don't own any of the images therefore it's not possible for TVMaze to give you permission for them (and realistically you can't ask every network for permission for each image).
If you read the copyright on TVMaze, it says "Our users are instructed and encouraged to respect copyright...
...If you feel that, despite these precautions, your copyright has been violated, please file a complaint with us via our Forums"
The reason they probably rejected it is because there's no guarantee (or even any indication) that the user has adhered to the rules; examples where it's not allowed to use the images are: When it's taken from a screener, the license explicitly disallows redistribution & when the image is copyrighted, but the license isn't shown (you can't assume; you'd have to contact them).
You could try:
1. Including a similar disclaimer/DMCA/copyright message, linking to TVMaze's page.
2. Blurring the images in your screenshots (it's worked for some and not for others)
3. Making an appeal if you disagree and can justify it
4. Completely removing the images
5. Uploading it to a different store

Hi,

Thanks for the reply and sorry for my late reply. I already tried the suggestions you have given,

1. Including a similar disclaimer/DMCA/copyright message, linking to TVMaze's page. - Already done
2. Blurring the images in your screenshots (it's worked for some and not for others) - didn't worked for me
3. Making an appeal if you disagree and can justify it - Reply of appeal was that link i shared above
4. Completely removing the images - app will not look good
5. Uploading it to a different store - Will try this

Gadfly wrote:
The relevant question, though, is: what would you like TVMaze to do?
There are several app stores. I would think that TVMaze would first need to know which one, and who told you that using show titles is a violation of copyright.
Then a staff member would need to check and see if they carry other API-type apps. And then reach out to the specific app store/individual and find out why those are acceptable copyright-wise but TVMaze isn't. If it's just a matter of legal wording, that can probably be changed. If the change isn't possible, or there's another reason not to do it, then a staff member would need to decide that
You say that the store needs "proof". What kind of proof would they accept? TVMaze carries shows from across the world. Does the store require some kind of signed affidavit from every production company of every show that TVMaze covers? Or what?
if the store refuses to carry any API-type apps, then it may not be possible to oblige them no matter what. Alternately, if they think TVMaze is in violation of copyright by its very existence... well, there's not much TVMaze can do about that. ;)
But finding out what store and what person is the first step.

Hi, This was the exact response from Google play team,

"

Our policy states:

We don’t allow apps that infringe copyright.

For example:

Your app and/or elements of its listing on Google Play, including title, description, logo(s), or promotional screenshots must not include unauthorized usage of protected works belonging to a third party.Your app contains copyrighted content (various tv show images) without proper permission. http://www.tvmaze.com/site/copyright

authorized directly by the original copyright holders to use this content, please attach a verifiable proof of permission in reply to this email.

If you are not authorized to utilize this content, please remove any protected images, then submit an update. Prior to republishing, be sure to thoroughly check all areas of your app for any additional use of protected images to prevent future removal.

"

They need proof of permission, which I am not sure who will provide.

A TVmaze staffer would need to provide that information. However, since TVMaze under "fair use" isn't infringing copyright, I'm not sure what proof anyone can provide of that. A signed letter from TVMaze's legal advisor pointing out that they meet fair use standards, perhaps.

And they'd still need to know what email address to send the proof to.

It sounds like Google Play's policy is much more stringent than American fair use requirements. That's their choice, but there's not much that TVMaze can do about it. TVMaze most likely isn't authorized to use the fair-use content of every single TV production company on the planet. No one is: not IMDB, not TV.com, not TVRage, not TVDB. But then again, legally they're not required to, either.

The link that they provide doesn't say or do anything that supports Google Play's statement, so it's pretty much meaningless. At best, they seem to be saying that TVMaze isn't following its own policy... but they'd need to give specific examples of violations. The link doesn't say anything about "fair use", but it doesn't need to, either. Fair use exists whether TVMaze says it does or not.

The email you received basically puts the burden on TVMaze, asking them to prove something that's unprovable and that they're not required to prove because of fair use.

My guess would be that nothing will be sufficient to convince the Google Play team that TVMaze meets fair use standards and they'll never accept TVMaze-based materials because Google Play doesn't accept fair use as a a defense. You could determine if similar sites are used for Google Play API aps (if there are any) and ask their team how they're permitted to have apps. But the fact that they're pointing to a link that doesn't support their contention isn't very encouraging that they're open to discussion and reconsideration, or understand the legal issues.

I've mentioned "fair use" a lot. Here's an analysis of the American definition of it.

http://www.copyright.gov/fair-use/more-info.html

a) Whether TVMaze is non-profit educational or not, I have no idea. That would probably require that they register as a non-profit corporation. Simply failing to make money isn't enough to establish that you're a legal non-profit. For instance, if you take in money but end up in the red, that doesn't mean you're non-profit: it just means you're bad at earning money. ;) Wikipedia, for instance, has the non-profit Wikimedia Foundation.

b) TVMaze is a factual work, not a creative or imaginative work. No one would look at Star Trek and think, "Hey, that's an original episode that TVMaze is producing!" Providing info on illegal Star Trek sites might be a violation... but Google Play would have to tell you and TVMaze which sites they consider a violation of copyright.

c) TVmaze uses a pretty small % of the copyrighted work. Even when images are used, you're probably talking less than 1% of the original product.

d) Is TVMaze hurting the market of, say, Paramount with Star Trek? Not that I can tell. Paramount might disagree, but then they'd have to contact TVMaze and complain. Google Play can't do it for them, which is basically what they're doing here. They're saying that TVMaze violates everybody's copyright, just by existing and doing what it does.

You could also check out Wikipedia's fair-use statement.

https://en.wikipedia.org/wiki/Wikipedia:WikiProject_Fair_use/Fair_use_rationale

TVMaze doesn't use that rationale. But as I noted above, they don't have to, either. Fair use is fair use whether TVMaze posts a rationale or not. TVMaze could copy and revise that rationale and post their new version. I doubt it will convince Google Play if they already know about fair use and believe that TVMaze doesn't follow it. On the other hand, if they accept Wikipedia as an API source, then maybe near-duplicating Wikipedia's rationale would convince them to accept it for TVMaze as well.

And finally, please note that I'm not a lawyer. I've just spent a lot of years studying copyright law, both as someone who holds copyright on their own material (recaps), and determining whether TV data sites I've worked with violate copyright by their very existence.

Like most things in life, free advice is typically worth what you pay for it. :)

Gadfly wrote:
And finally, please note that I'm not a lawyer. I've just spent a lot of years studying copyright law, both as someone who holds copyright on their own material (recaps), and determining whether TV data sites I've worked with violate copyright by their very existence.
Like most things in life, free advice is typically worth what you pay for it. :)

Thank you for the valuable information..!!

AnuragDake wrote:
Thank you for the valuable information..!!

No problem.

From what I can tell, they've basically drawn a line in the sand. You can try to communicate with them further and find out what their concern is. Because their message isn't at all clear.

I don't hold out much hope for you getting them to change their mind. So you can either remove the images--which you say you don't want to do--or find another app store to distribute your app. Anything else will probably require you to do quite a bit of research and arguing, and it seems unlikely they're going to change their mind.

Gadfly wrote:

No problem.
From what I can tell, they've basically drawn a line in the sand. You can try to communicate with them further and find out what their concern is. Because their message isn't at all clear.
I don't hold out much hope for you getting them to change their mind. So you can either remove the images--which you say you don't want to do--or find another app store to distribute your app. Anything else will probably require you to do quite a bit of research and arguing, and it seems unlikely they're going to change their mind.

Google play store accepted app after removing tv show images.

AnuragDake wrote:
Google play store accepted app after removing tv show images.

That's good, if a bit odd. One wonders why they mentioned title and description, if they were only concerned about images. Apparently they're not very concerned about supposed copyright violations of title and description.

But images are more of an issue, so I can see the reason for their concern. It's the same reason Sam's, Walmart, and Target won't make duplicates of potentially copyrighted photos, and cake makers won't use registered copyrights to decorate cakes.

The potential harms and legal issues are not at all the same. But I suppose a blanket policy keeps Google Store warm at night. ;)

It's happened in the past with other apps where the only thing they were concerned about were the images.

That's just the way it is with the Google Play Store.