Hello, this is a fairly simply question. I finished a demo game about a year ago and in this demo's story I used a couple of celebrity names. The original purpose of this demo was to get me a job so I assumed that I wouldn't be showing it to anyone who would 'pitch a fit' about it. However, the more I look back at it, the more I would like to put it on my site for free download. I would like to know if using celebrity names and likenesses in a game without consent is legal? If it is not, how much altering would be required to make it legal. example: changing William Shatner to Billiam Shatnerd Also, it should be noted that the names are used in a manner that could be looked at as insulting.

If it's a parody, you can probably get by without issue (many games already do this). Using their likeness otherwise will probably cost you some cash. Changing the name is usually defined under parody law as well, so I would venture a guess to say that you're ok there, again, assuming it's being used for this.

I'd probably ask someone who knows though...try emailing it to gamelaw@gamedev.net.

When I read this I thought of the Simpson's:

Quote:
Sherry Bobbins: "Hello, I'm Sherry Bobbins."
Homer: "Did you say Mary Poppins?"
Sherry Bobbins: "No, I did not! I am an original creation, like Ricky Rouse or Lonald Luck."

-------
Andrew

I wouldn't run the risk in today's litigious society. Plenty of celebrities have sued when their likenesses have been used and have won, so there is a tort decision base supporting your risk in posting it.

Also, the demo already served it's purpose didn't it? To get you the job?

This kind of celebrity endorsement is one of the 33 avenues to the marketplace. I suggest that if you feel the demo reflects favorably on the celebs, and doesn't show the celebs doing anything assenine, verbally or actively, and won't push their buttons like showing them emptying an AK47 clip into a kitty, to contact the agent for the celebrity and asking for permission to be granted via a signed document.

This would be considered reasonable care and due diligence, something you should always be doing in the case of any intellectual property, or life for that matter.


It might turn in your favor, where the celeb (and anybody who isn't thinking about celebrity placement in games where appropriate isn't thinking about marketing and media much anyway) may approach (or their rep) to enhance their placement (at a profit to you) in new media, and this rationale I would make as one of my key sales arguments among others.

If you get a resounding no, then, you know that having placed the demo up there without contacting them will likely get you in trouble, with the minimum at least a cease and desist demand letter from the celebrity representing attorney or business agent/talent agent. I'm speaking to you as a produced screenwriter now when I say that the chances are against them not finding out, as celebrity news travels far and wide, and, vigilant agents are quick to defend and support their talent's reputations.

Contact the attorney as Etnu advised, but also realize that in any business, asking first, "Who owns it, and, will they license or release it for our use?" should be one of the first questions crossing the mind of any person with an intellectual property development aspect in their enterprise.

I don't think a fair use doctrine will cover you here either, even on the basis that you are making it a free download, but include that question in your post to Thomas Buscaglia, a great lawyer and an ardent game business supporter and player.

Think of this too, positive roles are always welcome with celebrities. And, fortune lies in boldness. If you were to make a demo with Mel Gibson, bringing peace to a galactic empire that had been at war for millenia, and never got permission, they couldn't come after you with a negative portrayal equity settlement action, they would likely at most just get you to stop distributing the title because you did not seek permission first.

All agents think they have a great media and publicity plan for their talents, but agents are usually trapped into the same things that have worked for many stars for many years. Being included in a game is a new media and publicity tool for them to consider involving themselves in.

How you handle this will reflect on how other game designers are recieved when they go into this area of entertainment seeking same.

Also, be a little creative. Do some homework and see if the celeb has a favorite charity they represent or endorse, and if so, make a deal in your offer letter when you request written permission to use their likeness in this particular interactive medium and say that you will make it a dollar download to paypal linked to your site, and profit will go to benefit both the celbrity and the charity they are associated with.

This will help your leverage in getting to yes. Half the time I have found, in selling an idea creatively, is to take what somebody thinks is already a profitable creative idea, and enhancing it and bringing it to them on a silver platter.

You may not make but a dime on the dollar, but the agent and the celeb have a toehold in an exciting new growing media via you (you savvy, special creative entrepreneur) and, you have a relationship with a celebrity *and* their business team for future cooperative agreements, and, word of what you did can and does spread (because it is a rumor churned business) and other celebs may approach you for this, and voila, you have a new business channel and paying work, with some creative control (negotiably) and have turned what could be a sow's ear into a silk purse.

In the words of Jack Nicholson, "Do you get me, sweetheart?"

Adventuredesign

adventuredesign~
Let me start by thanking you for your well thought-out, complete, and very informative reply.

Quote: Also, the demo already served it's purpose didn't it? To get you the job?

Not yet, but by choice.[wink] I decided to further my education before jumping head first into the industry to avoid hitting any invisible ceilings further down the road. My motivation for wanting it on the net began when I let my friends play it. I was expecting a couple of cheers but they began to have loads of fun.

Quote: This kind of celebrity endorsement is one of the 33 avenues to the marketplace. I suggest that if you feel the demo reflects favorably on the celebs, and doesn't show the celebs doing anything assenine, verbally or actively, and won't push their buttons like showing them emptying an AK47 clip into a kitty, to contact the agent for the celebrity and asking for permission to be granted via a signed document.

Unfortunetly the basic story of the game involves Canadian actors going insane and comically invading Las Vegas. I would hardly suggest or even attempt to humour the idea that the demo reflects favorably on the parties in question.

Sadly, the rest of your (very infomative) post was aimed at someone in a different circumstance then I. However I'm sure others could benifit by the steps you detailed.

My demo definetly falls into the realm of parody. All likenesses are poorly expressed via bad programmer pixel art, and the story, circumstances, and setting are completely unrelated to any real world context. I should also point out that one of the celebrities in the demo is deceased. Any more comments as to the legality via parody of such a demo?

I thought that celebrity where open to a limited extend without the intend of gaining riches from their likenesses. ...?


I could be wrong.

Nuget5555 - Not sure, best to check with a lawyer, a lot of parody stuff has a very strict test it has to meet, the conditions of I am not familiar enough with or expert enough with to offer advisement.

Quote: Original post by afterburn
I thought that celebrity where open to a limited extend without the intend of gaining riches from their likenesses. ...?


I could be wrong.

This might be true, but I think you can get them to sign just about any extent of commitment agreement you can negotiate for. I just want to point out the oppotunity cost here is nothing by asking, and, a relationship with a public figure assisting them in increasing their public profile in a previously unventured medium might be quite appealing.

One of the celebrity endorsements I was involved in was Suzanne Sommers for the thighmaster. She made a total of seven million dollars in endorsements fees, and talked her ass off about how great the product was at likely every chance she got.

I think this niche is going to be very useful and desireable in the future of game development, and I include this kind of design aspect in my developing PC title.



Adventuredesign

Celebrities and their lawyers will go after you, even if you have a legal and valid case,
simply because they have the money to do it. Nothing says they can't come after you.
Nothing can prevent them from trying either.

Rich celebrities can do anything they want.

Quote: Rich celebrities can do anything they want.

Rich celebrities can ATTEMPT to do anything they want. Whether or not they accomplish/get away with it is another story.

It's their name and likeness; their identity. Are you saying you should have the right to profit off them without their permission? :-p

As others have said, I'd check with a lawyer but it does sound as if you'd be covered under the law as a parody. "South Park" does it all the time :)

As a person in the public light celebrities are not afforded the same protections as non public people, you, me most people on this board. You can talk about them; post stories about them (must be true stories, can’t slander their name otherwise you will face libel.) However, using a celebrity’s name or likeness without their consent for the purpose of making money, or other related activities will open yourself up to law suits.

I would strongly discourage using celebrities without prior (written) consent.