Copyright dispute over fanmade flash games

[Tigider]

What is the name of your state (only U.S. law)? Indiana

I operate a popular fan website for a kids television show. Recently this website has come to the attention of the company that owns the IP of that show. The main feature of this site is web based flash games, all of which are "fangames" AKA games created by fans of the television series. I have received a cease and desist letter from the company demanding that I remove those games. As far as I can tell, these game fall under fair use.

I am not sure if I should get a lawyer or just give in to their demands. I have also considered going after a declaratory judgment. I would really appreciate any advice you guys could give me.

 

[FlyingRon]

You can get a lawyer, but he will tell you that you are abusing the trademarks and copyrights of the show owners and there's no defense to what you are doing.

Some material owners tolerate fan use of the material more than others.
This one looks like they want to play hardball. Take down the material.
Failure to do so (even if you weren't the one that uploaded such) will subject you to possible suits for monetary damages.
Further they can pursue the ISP who is hosting your site and get that pulled as well.

 

[The Occultist]

Fair Use isn't a magical expression that protects you from lawsuits; Fair Use is determined by a judge at the end of an expensive lawsuit.