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What are the copyright Infringement boundaries?

Started by August 11, 2018 12:40 PM
56 comments, last by Tom Sloper 6 years, 3 months ago

I would like to know the issues involving copyright infringement of using themes and game characters from other franchises, be it cartoons and films, where the rights are owned by someone else, and how far should I go without committing this copyright infringement? Especially when selling the game at a price is involved?

For example, I have planned a 3D platformer that is Dexter's Laboratory themed. Is it Ok naming the game after this cartoon series and using Dexter's name and likeness as well as other characters? Or how about using a different title, with Dexter having a different name but same look, or should he look a bit different?

I have the same question involving using the name and likeness of Jackie Chan,   Alice from Alice in Wonderland, and the Lode Runner ?

So you wanna use somebody's IP. That's FAQ 61.  

You can't use Dexter's Laboratory without the IP owner's permission.

You can't use the name and likeness of any celebrity without the celebrity's permission.

Alice in Wonderland is public domain, and is OK to use. But not any images of Alice or any other characters from the Disney version - those belong to Disney. 

You can't use Lode Runner without the IP owner's permission. 

Read FAQ 61

-- Tom Sloper -- sloperama.com

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Ok, I've seen. Tozal inc. owns the rights to Lode Runner, and cartoon network owns the rights to Dexter's laboratory.  But how on earth could I get to Jackie Chan to ask to use his name and likeness in a game? I assume because of his fame he could be unreachable by a normal person.

Celebrities have agents and representatives. But the odds are against you obtaining licenses, much less for mixed use with other licenses, as a non-professional. It's recommended that until you establish industry credentials, it's better to create your own IP rather than use other parties' IP.

-- Tom Sloper -- sloperama.com

As from my view, I see copyright infringement in this way - If someone uses file protected with copyright for financial gain, then it's a copyright infringement, other way I don't see any problems 

1 hour ago, Maybachfanest said:

I see copyright infringement in this way

Often referred to as the "Robin Hood defense".  It is taking from the rich and giving to the poor without taking a cut.

The Robin Hood defense doesn't hold up in court.

It's easy to be generous with other people's resources. But if it isn't yours and the person who owns it objects, you're the one who will be on the hook.  If it isn't yours don't touch it without permission.

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1 hour ago, Maybachfanest said:

If someone uses file protected with copyright for financial gain, then it's a copyright infringement, other way I don't see any problems 

However that is not the way everyone will see it. Most artist would want the right, to protect their characters from being used in hate crime or in other ways they don't agree with. For this reason many artist and companies will enforce copyright and not even allow fan made content.

The rule of thumb for copyright should be: "if you don't own it, then don't use it".

On 8/15/2018 at 7:49 PM, Maybachfanest said:

As from my view, I see copyright infringement in this way - If someone uses file protected with copyright for financial gain, then it's a copyright infringement, other way I don't see any problems 

Well said.

No. It's not "well said." It's wrong. It's copyright infringement whether for monetary gain or not.

-- Tom Sloper -- sloperama.com

17 minutes ago, Tom Sloper said:

No. It's not "well said." It's wrong. It's copyright infringement whether for monetary gain or not.

You make a fan game with copyrighted characters, show it out for free, no profit, what's wrong with that? To us, sharing this with the community is like sharing with friends and family, only on a much bigger scale.

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