This is best left to an attorney. They'd either
a) tell you it's ok
b) tell you it's not ok under any circumstances
c) tell you exactly what you have to do to ensure it's ok.
Here is a Stanford Law article that talks about this:
http://fairuse.stanf...ter12/12-b.html
The case "Cardtoons v. Major League Baseball Players Assn., 838 F. Supp. 1501 (N.D. Okla. 1993)." may suggest that what you intend might be ok, provided you (talk to a lawyer and) jump through the proper hoops to ensure that what you are doing falls under what is known as "Fair use."
In that suit, a company sold trading cards featuring caricatures of major league baseball players. Text on the cards ridiculing player salaries and egos included a statement: “Cardtoons baseball is a parody and is NOT licensed by Major League Baseball Properties or Major League Baseball Players Association.” A federal court permitted the use of player’s names and caricatured images as free speech.
Talk to an attorney well versed in copyright law, and the "right of publicity" and free speech cases.
Also to note: The reason that case is -- a case -- is because they were sued. That product practically screamed "potential infringement--please sue me" Your game may be similar... Whether or not you end up winning (or losing) a lawsuit, being sued over a game you make is no walk in the park.
Brian Schmidt
Register now for GameSoundCon2012, San Francisco
October 24,25 2012.
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#1bschmidt1962
Posted 20 August 2012 - 04:49 PM
This is best left to an attorney. They'd either
a) tell you it's ok
b) tell you it's not ok under any circumstances
c) tell you exactly what you have to do to ensure it's ok.
Here is a Stanford Law article that talks about this:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter12/12-b.html
The case "Cardtoons v. Major League Baseball Players Assn., 838 F. Supp. 1501 (N.D. Okla. 1993)." may suggest that what you intend might be ok, provided you (talk to a lawyer and) jump through the proper hoops to ensure that what you are doing falls under what is known as "Fair use."
In that suit, a company sold trading cards featuring caricatures of major league baseball players. Text on the cards ridiculing player salaries and egos included a statement: “Cardtoons baseball is a parody and is NOT licensed by Major League Baseball Properties or Major League Baseball Players Association.” A federal court permitted the use of player’s names and caricatured images as free speech.
Talk to an attorney well versed in copyright law, and the "right of publicity" and free speech cases.
Brian Schmidt
Register now for GameSoundCon2012, San Francisco
October 24,25 2012.
a) tell you it's ok
b) tell you it's not ok under any circumstances
c) tell you exactly what you have to do to ensure it's ok.
Here is a Stanford Law article that talks about this:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter12/12-b.html
The case "Cardtoons v. Major League Baseball Players Assn., 838 F. Supp. 1501 (N.D. Okla. 1993)." may suggest that what you intend might be ok, provided you (talk to a lawyer and) jump through the proper hoops to ensure that what you are doing falls under what is known as "Fair use."
In that suit, a company sold trading cards featuring caricatures of major league baseball players. Text on the cards ridiculing player salaries and egos included a statement: “Cardtoons baseball is a parody and is NOT licensed by Major League Baseball Properties or Major League Baseball Players Association.” A federal court permitted the use of player’s names and caricatured images as free speech.
Talk to an attorney well versed in copyright law, and the "right of publicity" and free speech cases.
Brian Schmidt
Register now for GameSoundCon2012, San Francisco
October 24,25 2012.