Hey,
Is referencing a movie or maybe a game while developing a different game copyright infringement?
Like for example having Yoda walk by in a level holding a light-saber!
Yoda walk by? That’s full head on copyright infringement.
Have some character do the yoda talk? Not copyright infringement.
Although you’d probably get taken to court anyway, a Yoda appearance could potentially fall under parody/fair use, if done right.
What about referencing in general? Could for example a character talk about a recent movie…?
I don’t think you can use Yoda at all, and maybe not even lightsaber unless you rename it…
Inevitably it’s up to the copyright/trademark holder to sue you, maybe they will, maybe not, you can’t be sure without permission…
Example case is “Hobbit”, it’s been used in some games, yet others have found it too risky and adapted their own term in place of the trademarked one.
As long as he doesn’t mention it by name, sure.
What I initially had in mind was adding a bit of humor parody to my game with referencing well known games and characters, scary movie style…
Accualy yes this is right. Many movies ect… use this method. Say two characters are talking, “do you remember that movie with the guys who had two robots always walking behind them?” “yea what was that called again?” “I cant remember.”
This has been used in many movies and such but naming a character as a refernce would require permission,
You can talk about movies. Heck, Clerks (and basically every Kevin Smith film) has half the script making references and jokes about Star Wars by direct name, starting with the workers right dispute about the innocent workers that died in the Death Star the day the rebels destroyed it.
What you cant do is name characters after the movie or give a full movie script reading.
You probably shouldn’t take legal advice from this forum. But anyway, yeah. Scary Movie gets away with what it does because of parody/fair use, as long as you actually parody the work adequately. It would be no different in a game. Often times they name characters, too. See “The Wind Done Gone” (although she did get sued, but she won).
fair use is a poster of star wars in a photo of some kid’s bedroom within the game. Having any kind of character at all, or any direct presentation does not fall under fair use.
Just avoid where possible. Save yourself the heartache.
That’s not true (and that’s not even parody, at all).
Thanks everybody, really don’t want to get sued!
But I’ll try to get in whatever humor I can.
It is different in a video game compared to a movie because games are interactive, it’s no longer simple “criticism, commentary, or parody”. When you create a model of a copyright/trademarked entity and place it in a game, you likely take away the context allowing fair use unless you are very very careful.
Keep in mind that even if it is fair use, an aggressive company may still sue .
^^ That
To the OP - What you want to do is VERY risky. You can find a way to do it, but you had better be VERY careful and clear about the legalities of what you are doing. Best to avoid it - or only make VERY obscure references, like the ‘lord of the rings’ joke in WOW when a human-male types /silly.
Gigi.
That is all.
lol interesting thread. I think it all depends on how you use it. Just think about the movie “Scary Movie”. Is a parody movie that references a BUNCH of other movies.