I think this is a really interesting idea (and a great start), but I'm quite positive that you will need NFL licensing. Knowing someone that worked for the nfl and nfl films for nearly a decade, they protect their IP to obscene levels. Employees of the NFL can actually get bonuses if they report you and you are successfully prosecuted. This is the one thing I really despise about the NFL, they need to get with the times.
"Scores and schedules can be reported without obtaining a license from the NFL or NBA---these are facts, and copyright law does not protect facts. But be careful here---you cannot do anything to suggest that your application is associated with, or endorsed by, the leagues or individual teams. And you can only make limited, "nominative" of team and player names. Don't use logos or team colors.
Further, when you show scores and schedules, you need to be careful that you do not copy the format or template that others use to report the same information. While facts are not protected, specific approaches to reporting and organizing facts may be protected. For example, copyright law covers the organization of box scores-----the USA Today baseball box scores are unique when compared to those published in the NY Times and other newspapers---and if the NY times started copying the format of the USA Today box score, USA today would have a good copyright infringement suit against the NY Times. You need to develop your own, unique way of presenting the scores and schedules---if you copy someone else's format or compilation of this information you can get into big trouble.
Also, you need to make sure that you retain counsel to retain a patent clearance before you launch your app---there are many patents that cover applications that purport to present factual information regarding sports----and if your application infringes such a patent you could face an expensive law suit.
Bottom line----you need to retain IP counsel to guide you through the creation of this application--failure to retain IP counsel would be a major mistake---and potential financial disaster."
You have a point about logos, and I'll remove them if someone complains. The rest, though, I believe is unique enough (and I do disclaim affiliation/endorsement at the bottom).
Ultimately, this is a continuation of a school project, so I'll take it down if it's a problem.
You may receive a "complaint" in the form of a cease-and-desist, or a lawsuit. Do you really want to take that risk? If you are hesitating it is probably because the logos make the app better--but that's the point! There is value in the logos and the right to benefit from that value is 100% the NFL's.
The app is awesome, though. I hope you're able to keep it going. I'd get rid of the logos now, though!
I am not a lawyer but... I think that timeliness also comes into play with this sort of copyright. There may be different issues in live updates vs next day results.
The fact that he's not just reporting the scores, but using logos and mentioning the players is what I think could be a problem. The advise of consulting with an attorney is the safest route so at least there is some understanding of what the boundaries are.
Comments
I think this is a really interesting idea (and a great start), but I'm quite positive that you will need NFL licensing. Knowing someone that worked for the nfl and nfl films for nearly a decade, they protect their IP to obscene levels. Employees of the NFL can actually get bonuses if they report you and you are successfully prosecuted. This is the one thing I really despise about the NFL, they need to get with the times.
Here's a good response from: http://www.avvo.com/legal-answers/do-i-need-an-nfl-license-o...
"Scores and schedules can be reported without obtaining a license from the NFL or NBA---these are facts, and copyright law does not protect facts. But be careful here---you cannot do anything to suggest that your application is associated with, or endorsed by, the leagues or individual teams. And you can only make limited, "nominative" of team and player names. Don't use logos or team colors.
Further, when you show scores and schedules, you need to be careful that you do not copy the format or template that others use to report the same information. While facts are not protected, specific approaches to reporting and organizing facts may be protected. For example, copyright law covers the organization of box scores-----the USA Today baseball box scores are unique when compared to those published in the NY Times and other newspapers---and if the NY times started copying the format of the USA Today box score, USA today would have a good copyright infringement suit against the NY Times. You need to develop your own, unique way of presenting the scores and schedules---if you copy someone else's format or compilation of this information you can get into big trouble.
Also, you need to make sure that you retain counsel to retain a patent clearance before you launch your app---there are many patents that cover applications that purport to present factual information regarding sports----and if your application infringes such a patent you could face an expensive law suit.
Bottom line----you need to retain IP counsel to guide you through the creation of this application--failure to retain IP counsel would be a major mistake---and potential financial disaster."
You have a point about logos, and I'll remove them if someone complains. The rest, though, I believe is unique enough (and I do disclaim affiliation/endorsement at the bottom).
Ultimately, this is a continuation of a school project, so I'll take it down if it's a problem.
You may receive a "complaint" in the form of a cease-and-desist, or a lawsuit. Do you really want to take that risk? If you are hesitating it is probably because the logos make the app better--but that's the point! There is value in the logos and the right to benefit from that value is 100% the NFL's.
The app is awesome, though. I hope you're able to keep it going. I'd get rid of the logos now, though!
Great project, and I would encourage to keep working on it, discouraging you is not my intention.
I am not a lawyer but... I think that timeliness also comes into play with this sort of copyright. There may be different issues in live updates vs next day results.
The fact that he's not just reporting the scores, but using logos and mentioning the players is what I think could be a problem. The advise of consulting with an attorney is the safest route so at least there is some understanding of what the boundaries are.