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Is this fair use?

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Hello all,

 

Haven't been on in a while. Still working on my game. I'm not sure if my team would be protected by fair use if we parodied things. If you think about it, Family Guy and numerous movies have made fun of Hulk, Iron man etc. We've heard of parody protection laws look here. We might profit off of it. So if we were to make money off the game, to what extent would we be protected? Give example of what we can and can't do so we can get a better idea. We wanted to add Pewdiepie into the game to make fun of him. (I'm a fan. Just for laughs..) , and a character in our game, which pokes fun at Sonic. The game will reference numerous companies and characters which we will parody.

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Without a lawyer on retainer, the extent to which you're protected is zero - regardless of the legality. You're correct that parody is protected as fair use, but in the unlikely event that someone wants to take you to task, what do you plan to do? 

This is just an example. We wanted to make a Youtuber named Sammyclassicsonicfan be a boss. Keep in mind, this game is nothing but stupidity and jokes. A giant joke. Hopefully, if that event occurs, we can work it out and try to find a way. We aren't actually adding Hulk and Iron man. It was just an example.

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Without a lawyer on retainer, the extent to which you're protected is zero - regardless of the legality. You're correct that parody is protected as fair use, but in the unlikely event that someone wants to take you to task, what do you plan to do?

This is just an example. We wanted to make a Youtuber named Sammyclassicsonicfan be a boss. Keep in mind, this game is nothing but stupidity and jokes. A giant joke. Hopefully, if that event occurs, we can work it out and try to find a way. We aren't actually adding Hulk and Iron man. It was just an example.

That sounds more like making fun of someone than parody to me. It's a person not a character in a game or TV or movie so that kind of borders on online bullying - tread VERY carefully.

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I'd also be careful if it's not a "digitally created character". Have you thought of just sending him an email and ask?

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Have you thought of just sending him an email and ask?


Weird Al Yankovic always did just that, even though all his songs were genuinely parodies. He never released a song without first having squared it with the original song's owner. That's why he never released a Prince parody (Prince would never grant permission).

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Have you thought of just sending him an email and ask?

Weird Al Yankovic always did just that, even though all his songs were genuinely parodies. He never released a song without first having squared it with the original song's owner. That's why he never released a Prince parody (Prince would never grant permission).

If you want an example of the opposite end of that scale where someone not only didn't ask, but just mixed songs and didn't even parody, look up "jive bunny". That did not end well.

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We wanted to make a Youtuber named Sammyclassicsonicfan be a boss. Keep in mind, this game is nothing but stupidity and jokes. A giant joke.

Is your legal strategy also a huge joke? Because it sounds like you're baiting a harassment lawsuit. Keep in mind you're going to be using the image and likeness of a 12(?) year old with autism. If he self-harms (And any part of his depression was caused by your game), you'll be found to have a criminal responsibility. Not just civil.

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We wanted to make a Youtuber named Sammyclassicsonicfan be a boss. Keep in mind, this game is nothing but stupidity and jokes. A giant joke.

Is your legal strategy also a huge joke? Because it sounds like you're baiting a harassment lawsuit. Keep in mind you're going to be using the image and likeness of a 12(?) year old with autism. If he self-harms (And any part of his depression was caused by your game), you'll be found to have a criminal responsibility. Not just civil.

I hadn't even researched this far when I gave my advice to be careful that this was the truth of the matter.

I am not a lawyer but anyone with common sense can see that this is just thinly veiled cyber bullying and not acceptable. I suggest you go back to the drawing board.

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