Referencing other media in video games...law issues?

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10 comments, last by Ravyne 8 years, 7 months ago

Just because it is fair use doesn't mean they wont sue you. Bigger companies can still bully you with their lawyers if they feel like it even if it would be fair use. The law is never a clear line which is why we have judges, to make these decisions based on the facts. So eevn if you do consult a lawyer and he says its good, that doesn't stop them from taking you to court.

Easiest thing is to ask for permission first. If not then talk to a lawyer on fair use.

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While I personally think that the de minimis argument should probably have broader bearing than it currently does, you can somewhat skirt the issue by applying a level of parody to the object or reference you actually mean to invoke. GTA has always done this by creating parodies or proxies of real-life cars -- they have attributes and styling cues that are similar to the real-deal, but aren't, and don't use any trademark from the authentic one either.

This approach is a little harder to apply to easter-eggs, because the knee-jerk reaction is that they feel less easter-eggy if its not the real thing, but I think that doesn't actually have to be true. For example, if you wanted a Mickey Mouse cameo, you could probably come up with parody of him, or a stand-in that invokes the authentic article through styling rather than likeness, and those would likely be safe, and yet everyone would still get that it's kinda-sorta meant to be Mickey Mouse -- you can lose the threat(*) of a lawsuit without losing the joke.

(*) As always, I am not a lawyer, nor are most on these boards, and even if some are, their advice here on this forum is not legal advice. Your best course of action is always to consult a lawyer who understands not just IP issues but IP litigation -- you can be threatened or sued even if your use is non-infringing, and you won't likely recoup your defense costs even if found innocent. One of the many services a lawyer will provide you is advising you of your risk relative to your intended actions -- they're not just there to assure you that you'll win in the case that you are sued, and its always cheaper to avoid litigation entirely.

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