Character copyright

[mos6507]

Here is an open question.

 

It's almost a poll, but I'm not making it a poll.

 

How do people feel about the use of copyrighted 'licensees' in homebrew games?

 

For instance, many fictitious game labels have been created for things like Greatest American Hero, Power Puff Girls, various anime characters, Transformers, etc...

 

I think there is a mental connection we have between classic games and 80s pop culture nostalgia in general.

 

What do you think the level of risk is for a homebrewer to release a game oriented around a property like these as long as it remains BIN only and therefore nonprofit?

 

The worst that could happen is it gets yanked from circulation, right?

[Feralstorm]

Depends largely on whose trademarks/Intellectual property is being infringed. Some wouldn't care if it's basically harmless. Others might not be nearly so understanding.

 

The most likely thing (if there was a problem) is you'd get a cease and desist legal letter and have to quit producing/selling/

[sku_u]

It depends on whether or not their lawyers find out about it. If it is a valuable intellectual property, they can cause you quite a bit of harm beyond C&D letters if they really wanted to. If it's just a hack, you have nothing to worry about. A homebrew might be a different story.

[+Nathan Strum]

That's an interesting (and timely) question. I'm currently designing a label that's a parody of an existing property (anime, in this case). However, since it's an obvious parody (rather than just recycling the original characters), it's protected under fair use. I'm changing the characters enough so that they're different from the originals, yet recognizable to those familiar with the property being parodied. (It wouldn't be much of a parody, otherwise.)

 

It's when you cross that line from parody to plagarism that you run into problems.

 

As an example - in the late 70's, Cracked magazine did a parody of Star Wars. No problem there. Then, a few months later, they did another one of a "sequel" (this was well before Empire Strikes Back). Then, another. And probably another one after that. Around that time, Lucasfilm sent them a letter asking them to stop, since they had stopped simply making fun of the original movie, and now were using the characters' likenesses on a regular basis in a series of stories, without licensing them. (Cracked printer the letter, and stopped with the Star Wars parodies.)

 

On the other hand, "Weird Al" Yankovic gets permission to do all of his parodies (of course, that doesn't mean they'll actually be funny). He doesn't actually have to do that, but that's how he chooses to go about it. He does, however, have to pay royalties to the original songwriters because he's using the original melodies, and just changing the lyrics. So there are certainly some legalities involved anyway, because copyrighted material is being used to some degree.

 

Game-wise, if you wanted to create a game that was a parody of, oh... Knight Rider, and you instead called it "Silly English K-nig-ht Rider" (Monty Python reference there), then you could probably sell the game without any problem - as long as it was clearly a parody. Not a straight-up version of the TV show.

 

Label-wise, it would be best to avoid using modified copyrighted images (ie. photos of "KITT"), and come up with something original, instead. Like taking a picture of a beat-up black Pinto, with a Lite-Brite stuck to the hood. (Might make for an interesting use of the AtariVox... but I digress.) Besides, I think the more original work that goes into a parody, the better it's received. It seems less of a rip-off that way, rather than just doctoring up something that someone else created.

 

As far as using an actual copyrighted character/image/property/whatever though, I think it would always be best to go for getting permission. That's the safe bet, and you have absolutely nothing to lose by asking. All they can say is "no", and at that point, if the game is good enough to stand on its own merits, it should be a simple matter to change the name and storyline of the game to something more original (or, a parody). If the game isn't good enough to stand on its own merits anyway, then what's the point of making it in the first place? Why make a game whose sole reason for existing is because it's named after something cool? (Admittedly, it would probably sell more copies, but if that's the reason for doing it, then the copyright holder should certainly be entitled to a piece of that.)

 

A shameful part of my past I don't often admit to, is that about ten years ago, I successully licensed the name and logo of "The Monkees" for some T-shirts that I sold online. I contacted Rhino Records (who owned the property), and after a few phone calls and a contract or two, we came to a very reasonable agreement that paid them a small royalty per shirt (plus a few samples). Now, I was only entitled to make a particular shirt, in a specific quantity, so I no longer have a right to use that property for anything, but it was an officially licensed product, and I didn't have to worry about getting in any legal trouble. The licensing process was actually the easiest part. Getting the shirts made and shipped (and getting paid for them) was the big headache.

[mos6507]

It depends on whether or not their lawyers find out about it.  If it is a valuable intellectual property, they can cause you quite a bit of harm beyond C&D letters if they really wanted to.  If it's just a hack, you have nothing to worry about.  A homebrew might be a different story.

912967[/snapback]

 

But couldn't a noncommercial homebrew file (not a cart) be classified the same as something like "fan fiction" or "fan videos"?

[mos6507]

OK, I'll let you know what I'd like to see.

 

Blue Oven-Mit-Man

 

http://tinyurl.com/9kgtw

[DominiRican05]

OK, I'll let you know what  I'd like to see.

 

Blue Oven-Mit-Man

 

http://tinyurl.com/9kgtw

913022[/snapback]

 

WOW! I'd like to see Batma---I mean "Blue Oven-Mit Man" as well, he's my favorite superhero of all time and it has always been a dream of mine to be able to play him on the VCS...

[Vic George 2K3]

Off-topic, I still think blue and grey do NOT work as appropriate colors for a Batman costume.

[DominiRican05]

Off-topic, I still think blue and grey do NOT work as appropriate colors for a Batman costume.

915785[/snapback]

 

I would agree, imagine if the new version had used those colors? But I think blue and gray might work nicely for a 2600 version or could an all-black Batman (my personal favorite) work?