Using material that has a copyright in a database

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  • I've been searching the web for a couple of hours, but I can't seem to phrase the question right:

    If I want to create a database of something that has a copyright, does that fall under the facts are free umbrella?

    For example, I want to create a free iphone application that is simply a checklist for collectible toy. This toy line happens to have figures from marvel and star wars, so I would need to list them in the application. Can I legally do that since I am simply presenting facts (using names like Spider-Man, etc, in the process)?

    Thanks for any advice!

  • I don't know for sure, but -- eBay lists brands names of items for sale, so going by that model I'd say yes. Also there are plenty of print versions of checklists for collectors. If you included pictures, you'd be getting into more dangerous territory.
  • As long as the images are taken by myself of the figures (and not drawings, etc), would that still fall into a safe category?
  • Well, there you start getting into the trademarked appearance of the figurines. Trademark is a bit out of my area -- maybe smeopne else can pick this up?
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