Are facebook pages copyrighted? 3 Answers as of August 13, 2011

Me and my friend are planning on making a page on the Social website facebook, However, A person told us that it was a copyright. The person who owned the other page of course, and said they could sue us for the page they were talking about has a copyright but ours has a different name but of the same thing. A video game, a Cartoon and a Comic, theirs is made of a comic and ours of the cartoon, ours has different names and tags. Can we be sued?

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Intellectual Property Center, LLC
Intellectual Property Center, LLC | Ak Shaf
Your question is unclear, are you asking to copy a page from Facebook or are you creating your own page? Please call or email with further clarification and i would be happy to answer your question, if possible. Good Luck.
Answer Applies to: Kansas
Replied: 8/13/2011
Devon & Associates
Devon & Associates | Marcia A. Devon
I cannot determine from your description whether there is "substantial similarity" between your proposed page and the Facebook page you believe is protected by copyright. A judge or jury would look at the two side-by-side to determine whether, in their opinion, it is "substantially similar". It can be a quite subjective determination. It is an area where a good legal argument and summation can make all of the difference in the outcome. As I cannot give you specific advice without more information from you about exactly what is on the two pages, I will give you general legal advice: make it as different as possible from the other page. "Ideas are as free as the air."[quote from a well-known judge], but specific expressions of the idea, text, artwork, drawings etc. may be protected under U.S. Copyright law.
Answer Applies to: California
Replied: 8/11/2011
Barton Barton & Plotkin
Barton Barton & Plotkin | Maurice Ross
Yes you can be sued. If you use images that infringe someone else's copyright, you can be sued. Changing the name or caption won't help if you infringe. More generally, if you post articles or photographs on facebook that infringe someone's copyright, you can be sued for infringement.
Answer Applies to: New York
Replied: 8/11/2011
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