QUESTION

Hello, This question is regarding intellectual property and legal action that may or may not be taken by the copyright holders.

Asked on Jun 18th, 2012 on Intellectual Property - Oregon
More details to this question:
I am a web developer for a website that is recreating a version of a game that is still operational today. The layout for the website we are using is the same one that the publishing company used back in 2006. The images are apparently copyright. The server-side code(PHP), was written entirely by myself and other developers. We receive donations from our community to fund the cost of the web server and to pay the developers. Are the developers, administrators, and forum moderators in any danger of legal action, or only the owner? The reason I am asking this is because we are being paid with the money received from donations and if the activity of hosting a private server is illegal than any activity or monetary gain must also be deemed illegal. Am I correct?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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The actions you are taking may render you not only a direct infringer (since, by writing the code for the web site, you are "copying"), but also a contributory infringer (who enables, or abets, infringement by others). You should not assume that you are immune from liability merely because you are a hired hand in this process. The monetary gain or absence thereof is largely irrelevant to the issue of whether your copying is permitted.
Answered on Jun 18th, 2012 at 8:21 AM

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