Understanding Online Takedowns by FOX
FOX Corporation, through its various subsidiaries, such as Fox Entertainment, Fox News, Fox Sports, and its local television stations owns copyright, trademark and other intellectual property rights (the "FOX IP") in many popular television properties.
FOX's intellectual property rights are among its most valuable rights, which include the exclusive right to license merchandise using its intellectual property. The company's licensees pay significant sums of money for the right to produce and sell merchandise using the FOX IP. The sale of non-licensed merchandise devalues those licenses. Thus, only FOX and its authorized licensees can make or sell products that use the FOX IP.
The use of FOX IP on merchandise without FOX's authorization violates FOX's intellectual property rights under various state, federal, and international laws. Additionally, the law requires that FOX is responsible for ensuring the quality and safety of products associated with its properties.
Here are guidelines on complying with those intellectual property laws:
- Individuals are not allowed to create and sell their own products using the FOX IP, including using characters or designs from FOX's properties, even if those items are "homemade." This is true even if you drew the characters or design yourself (instead of digitally copying them).
- Homemade or customized products made from licensed FOX merchandise are also illegal (for example, adding non-licensed patches to a licensed vest).
- The sale of either counterfeit merchandise or products made with counterfeit merchandise that you bought from another source are illegal even if you did not know that the merchandise you purchased was counterfeit. It is your responsibility, prior to listing items, to ensure that they are authentic, licensed merchandise.
- It is also illegal to use the FOX IP, including FOX's trademarks and copyrighted characters and designs, to advertise or promote non-Fox products.
- Some people believe that fans have a "fair use" right to create and sell homemade items using the FOX IP. This is not correct. While fair use is an important part of copyright law, selling products, even homemade items, generally will not qualify as fair use. If you have further questions regarding fair use, we recommend you seek the advice of an intellectual property attorney.
Please note the following:
- We may not have been able to view your entire online account, so if you are listing other items using the FOX IP that have not been removed, you should not assume that those other items are non-infringing. If you believe that other items are also infringing, we would appreciate it if you would voluntarily remove them.
- We know that there are other infringers whose listings remain online. That does not mean that you have been "singled out" or unfairly targeted. We are working to have all infringing listings removed. Because of the huge volume of infringing listings online, it is impossible to have them all taken down at the same time. Many listings have been taken down before yours, and many will be removed after yours.
- We will not reverse takedowns of non-authorized or counterfeit merchandise, nor will we petition sites to reinstate your account subsequent to our takedown of your listings.
- Fox does not respond to unsolicited requests to license the FOX IP.
If after carefully reading the foregoing, you believe your listing does not violate the law as explained here, please email us at email@example.com with the following information:
- The site on which the listing(s) appeared;
- Your username on that site;
- The listing numbers for the item(s) in question;
- All notices you received from that site, in their entirety. Do not copy and paste notices or portions of notices into another email, and;
- A brief and clear statement as to why you believe your listing was not infringing under the law.
- If you believe your listing contained licensed merchandise, provide us with purchase orders or other information showing that the merchandise was licensed.
Please note that we will only respond to communications that raise legitimate concerns based on the law. We will not respond to communications that merely consist of complaints or abuse, which do not raise legitimate concerns, or which ask questions already answered on this webpage.