Thank you all very much for your replies.
Promethium, what I saw at the Plants VS Zombies video is exactly the reason why I know that what I have in mind can be done.
Obscure, thank you for the post; it was very helpful.
What if the character is not a caricature of a public figure, but a character created by me who wears clothing that is similar to a public figure's famous appearance, and dances or fights or talks etc. like that public figure?
For example: This image (http://img206.imageshack.us/img206/1371/morphtrinneo01pw3.png) by LEGO (or made by someone by altering LEGO toys) breaches any copyright issues (or any other type of illegality related to public figures)?
Again, thank you all for your wisdom, you are great
GamerGamer
Using Celebrities in a Game
Quote:Original post by gamergamer
What if the character is not a caricature of a public figure, but a character created by me who wears clothing that is similar to a public figure's famous appearance, and dances or fights or talks etc. like that public figure?
You can still be sued. Anybody can be sued for pretty much anything. You need a lawyer if you're going into business as a game developer or publisher.
Quote:Original post by gamergamer
What if the character is not a caricature of a public figure, but a character created by me who wears clothing that is similar to a public figure's famous appearance, and dances or fights or talks etc. like that public figure?
It sounds like you're looking for a magic legal incantation that you can use to make yourself immune from being sued even though what you want to do is exactly what they're allowed to keep you from doing.
There is no such incantation.
Quote:Original post by gamergamer
What if the character is not a caricature of a public figure, but a character created by me who wears clothing that is similar to a public figure's famous appearance, and dances or fights or talks etc. like that public figure?
Huh? Can you seriously not see that these two are the same thing. Creating a character that looks, dresses and moves like someone is the same as creating a character that is that person - unless you are intending to create a short fat white guy, with just one arm, who dresses and dances like MJ.
Quote:For example: This image (http://img206.imageshack.us/img206/1371/morphtrinneo01pw3.png) by LEGO (or made by someone by altering LEGO toys) breaches any copyright issues (or any other type of illegality related to public figures)?
As I previously explained only a court can answer that question - do you have the $100,000+ necessary to go through a legal case to find out?
Finally I want to come back to this.....
Quote:another example, PopCap's Plants Vs Zombies have this guy and I haven't heard of the MJ estate suing PopCap.
As of now they haven't been sued but we don't know if this is because they lawyers who work for MJs estate haven't noticed it or because they know that PopCap have their own big legal team and could afford to fight this.
Also, just because PopCap have got away with it that doesn't mean you will. 15 years ago I worked at Virgin Interactive. They made Spot Goes to Hollywood for the Sega Saturn, Playstation, SNES & Genesis. The game features the 7 Up character Cool Spot (officially licensed) and one of the levels is based on horror movies. Cool Spot encountered a host of enemies including (IIR)Mummies, Vampires, Werewolves, mad scientist and an enemy that looked like an Alien™. - Some artist thought it was cool and just decided to put it in.
As if by magic Fox's legal team found out. I guess some magazine must have printed a screen shot and they happened to see it. However it was they found out the result was a threat of legal action. I don't remember the exact amount but Virgin ended up having to pay something in the area of $250,000 just to avoid going to court and having to withdraw the game.
This isn't by any means the only similar case I have seen over the years. If you use something which is copyright or trademark of someone else or you use someone's likeness the law allows them to sue you. It doesn't even matter if you would win the court case if you can't afford the legal fees (which few indies could.)
Author
OK, ok I got it....Even I don't do something wrong, I have to be able to sustain a legal team in case of a lawsuit. You are totally right.
Dear Obscure, the "unless you are intending to create a short fat white guy, with
just one arm, who dresses and dances like MJ." doesn't fall in my the same category as the LEGO characters dressed like characters from the Matrix?
of course LEGO has the money to back up a legal defense, I know, but legal-wise what is your opinion?)
And one last question how can someone play the parody card? What is the right way to state it in your video game?
My best regards to all of you. Huge respect!
GamerGamer
Dear Obscure, the "unless you are intending to create a short fat white guy, with
just one arm, who dresses and dances like MJ." doesn't fall in my the same category as the LEGO characters dressed like characters from the Matrix?
of course LEGO has the money to back up a legal defense, I know, but legal-wise what is your opinion?)
And one last question how can someone play the parody card? What is the right way to state it in your video game?
My best regards to all of you. Huge respect!
GamerGamer
Quote:Original post by gamergamer
And one last question how can someone play the parody card? What is the right way to state it in your video game?
You can't. Read the answer I gave above. The part which starts "Fair use {claiming it is a parody} won't protect the OP against being sued....."
You can't put a magic "parody" label on your project and protect yourself from being sued. It can only be used in court as a defense once someone has actually decided to sue you and it requires that you pay an expensive IP lawyer hundreds of thousands of $ in fees. Do you have this much available?
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