I would like to create a text-only database for collectible trading card games. The database would contain card names, ability text, flavor text, etc. Images would not be included. This project would be non-profit, open source, transformative (having been removed from the original graphic context), and non-competitive (the raw data has no use in and of itself). The purpose of the database would be integration with third-party computer applications. Uses could include documentation, product info, search, analysis, etc. Abuses could include creating proxies or replicating gameplay online.
Would a DMCA takedown request of such a database be warranted? Why or why not? Which US laws apply? Which Supreme Court rulings apply?
Game Copyright Document FL-108 by the United States Copyright Office states that "Material prepared in connection with a game may be subject to copyright if it contains a sufficient amount of literary or pictorial expression. For example, the text matter describing the rules of the game...". Does this apply to individual cards or just rule books? In most cases flavor text is expressive and original content. Referencing the Wikipedia article on Fair Use, the Text Mining and Internet Subsections seem relevant. I also read the NOLO article on Fair Use.
Hundreds of websites already contain card text and images. I suspect that most sites have not received permission to use this content. Sites are often created to generate revenue or are community-driven projects. For example:
- Trading Card Database,
- Scryfall Magic (formerly magiccards.info),
- Sets — PkmnCards,
- Category:Card Gallery | Yu-Gi-Oh! Wiki .
