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LunaRebirth

Game names inside of game engine

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Sorry for the confusing title, this is very hard to word with limited characters.

I have a game engine which includes various games inside of it. One of the games inside of the program is named after a different game. Will this bring copyright issues?
I will be selling the program itself, but will not be making money from the "mini"-game. 

Thanks for shining any light on this topic for me.

 

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41 minutes ago, LunaRebirth said:

Will this bring copyright issues?

If it is named after a published game then chances are you will have copyright issues. Why not just rename it?

42 minutes ago, LunaRebirth said:

I will be selling the program itself, but will not be making money from the "mini"-game. 

This will depend on so many things that it isn't worth trying. Renaming the game would be much easier.

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It would probably bring up trademark issues rather than copyright. This is also true if you have names that are similar but still different.  

 

It is easiest to avoid it if possible rather than have lawyers figure out if they are cleared for use, get permission, or try to defend your self in a legal fight where you would probably be forced to change it as well as pay for damages. 

 

Why are you using the name in the first place?  Any reasons against changing it to something new and creative?

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1 hour ago, LunaRebirth said:

I have a game engine which includes various games inside of it. One of the games inside of the program is named after a different game. Will this bring copyright issues?

As frob said: trademark problem for sure. Sounds like a bad idea to me. Consult your lawyer before proceeding. If you don't have a lawyer now, you will need one after releasing your engine. Read these:

http://www.sloperama.com/advice/lesson39.htm

http://www.sloperama.com/advice/faq61.htm

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1. Where are you located?

2. Where do you want to release the engine?

3. Is the game you're referencing still in active circulation? 

3 of the first questions I'd ask as your lawyer. As Frob and Tom mentioned, this isn't a copyright issue, it's a trademark one. Trademarks are typically limited in geographic scope, and as I get the impression you're a non-native English speaker, there's a possibility that the TM's protection won't reach where you want to release or distribute. 

 

That being said, any time you release online and it results in US distribution, you may be exposing yourself to a TM suit in the US if you satisfy the minimum contacts requirement of our long-arm statutes. 

 

In plain English-- Unless you want to talk to a lawyer about this, you're really better off using a different name. 

 

Best, 

Mona

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