I'm trying to create a game that involves using characters that have been copyrighted by large companies such as Mario from Nintendo, Konata from Kyoto Animation, and Haruko from Gainax. I will not sell copies, claim ownership to these characters, or otherwise profit from this project. I will give credit to each character's respectful copyright holder and distribute the completed game at no cost.
Will this violate any laws or regulations in the US? If so, what should I do to not violate US law and regulation?
2007-09-13 17:53:02 · 3 answers · asked by Vincent B 2 in Politics & Government ➔ Law & Ethics
What you're doing is creating a "derivative work" using the copyrighted characters. One of the exclusive rights granted to U.S. copyright holders is the right to create and distribute derivative works. What that means is that nobody can create a derivative work of a character still copyrighted without permission of the copyright holder.
The usual defense to infringement is "fair use." The fact that you're not profiting from it and not claiming that the characters are yours helps your case. But honestly, I don't see a fair use defense working in this case.
As for what to do to not violate US laws - really the only thing you can do is to ask the companies to grant you a license to use their characters. Which isn't terribly likely to happen, I'm sorry.
2007-09-13 18:12:38 · answer #1 · answered by hiddenciti 2 · 0⤊ 0⤋
There probably are some legalities involved, but there are so many people with copyrighted images on their bodies and have not been sued. People have images of The Simpsons, Mickey Mouse, Bugs Bunny, Batman, and all manner of characters from tv shows. Just do a google search and check out some of the characters people choose to make the ultimate commitment to. If it is something you want, then go for it.
2016-04-04 20:00:49 · answer #2 · answered by ? 4 · 0⤊ 0⤋
The problem is not selling, but distribution. If you give this game away it still damages the people trying to sell the licensed games. In certain cases, the use of a "character" as a parody from another game could be "fair use", but expect a lawsuit.
2007-09-15 12:22:50 · answer #3 · answered by lare 7 · 0⤊ 0⤋