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Android free game vs trademarks

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I don't know where else to post so I'll try here. I've looked around the internet and googles development sites and other places but can't find my answer. If I was to make a game for the android system that used trademarked material from doctor who or other tv shows would that infringe on the trademark? The app would be free so I didn't know if since I was making it for free would that make it ok since I'm not making profit?

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Original post by Xloner12
What about videos on youtube and fanfictions are those covered by a different type of law?

No. Most likely they are infringing but just haven't been DMCA takedown noticed yet.

Bottom line is you absolutely cannot use someone else IP in your own product. Just because other people do and get away with it doesn't mean it's safe.

There are certain Fair Use provisions in copyright law but there have been examples where a professor posted something that was explicitly Fair Use and was DMCA'd anyway. But a product like you are describing is definitely not covered under Fair Use. The point was just an illustration that even if you abide by the actual laws you can still encounter legal hassle.

The simple safe route is easy: don't use other people's IP for any reason in any context.


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