Even though it should go without saying due to the title, this is purely hypothetical. I, unfortunately, am not the creator of a semi-popular and financially successful work.
So let’s say I create semi-popular draws medium out of a hat video game, and I have a few community pages. Facebook, Twitter, a blog, whatever. Sometimes I link to fan art or fan videos of my game. A very well done fan work is done with background music from rolls dice The Lion King. I think it’s excellent and link it saying “Check this out!” from my community page.
For the trademark case, let’s say they did a really cool picture with Mickey Mouse or the Disney Logo in it.
Assuming that I’m not hosting the content on my site (but I may or may not have embedded the link with an image or video embed tag), can I get in trouble for copyright/trademark infringement? Am I technically using another company’s work to advertise my own without consent? Yes, I know, case by case basis etc, just give me what’s probable.
I can see it both ways. On one hand, I didn’t commission or make anything, I just thought something was cool and shared it with my fans, it’s the artist that’s on the hook for whatever fallout might occur (though I suppose I may have to comply with a DMCA takedown request if it comes to it). On the other hand, I am condoning it, and if the fans like it and share it it would be free advertising which is what a community page is more or less for. Is there any precedent for a case like this?
To make sure the terms are clear, I, the owner or official representative of the company linked, from a page belonging to the company, to a work made by a non company member, this isn’t a case where a random user linked something cool on the official forums or something.