I’ve been throwing around the idea of adding pop culture references to my game. Is there a guideline for this sort of thing anywhere?
Abobo’s Big Adventure is a good example of what I mean, sort of a tribute type game (and freeware to boot). I would imagine this type of thing would be frowned upon but I can’t find a clear answer. 2K does it a lot with Borderlands as well with little easter eggs and tributes, but I am not sure if they pay for that or if it’s kosher to do that sort of thing. Does anyone have information on this?
First off, I Am Not A Lawyer. It really depends on what you consider a reference that determines the legality of what you can do. As long as your reference isn’t trying to pass off others’ work as your own, isn’t defamatory, or somehow violating their ownership of their intellectual property, I doubt you’ll have any problems, but again… not a lawyer here.
That said, my opinion on pop culture references is that they really need to be ubiquitous to even be close to being worth it. And even then, you’re probably going to be excluding a good portion of your group anyway who don’t get the reference.
If the reference is central to your main game thread (and not just an easter egg hidden away somewhere) and there’s a chance people won’t get it, the reference needs to work on its own regardless. This way they’re not left scratching their heads and wondering what just happened.
This example works because practically everybody in the world is familiar with the phrase “Beam me up, Scotty” from Star Trek, even if you’ve never seen the show. And even if you don’t get the reference somehow, you could at least get by just thinking your character is being playful or something.
Besides potentially being in poor taste, this isn’t a great reference as I’m sure there’s a number of people who wouldn’t get the hint at it being related to the football player and his criminal activity. Especially in like 10 years or so when nobody even remembers who Michael Vick is. That said, you could probably get by okay on it since you’re not referencing a real-life person, and the joke wasn’t central to the gameplay, just something you could spot on the side.
I was going to do a few more examples, but I think you can probably get it. Or I may not have even needed to go into that much detail at all. Maybe you just wanted to know whether we like them or not, in which case my answer is “Usually no.”
Yes, though “ubiquitous” is relative to your target audience. I wouldn’t make a Star Trek joke in a World War II themed game because there’s no reason to expect a specific audience overlap, but I might feel confident doing it in a sci-fi game.
Whether I felt I could do it well, on the other hand… that’s a different question. Why would characters in an unrelated universe be aware of Star Trek terminology/characters/etc. to naturally work them into whatever they’re doing? There could of course be many reasons, I’d just be careful to not spoil the integrity of my own story/dialog/scenario/etc.
Also, I’d think long and hard before I put something in a small, unknown IP game which will make my audience think about a huge, successful competitor. Again, it could work, but I’d be careful.
As far as guidelines, standard copyright applies. Referencing something through inference shouldn’t be a problem. Sticking Darth Vader or Mario in would be.
Ugh, skipping past the whole “ask a lawyer” bit that is inevitable in these sort of threads.
Parody is fair use.
Period.
That said, the difference between parody and infringement is intent. If you are deliberately attempted to mislead buyers into thinking your product is of their property that is a clear infringement. If it is completely reasonable that no one would mistake what you make as theirs you are all good.
Now that said, in the US you can sue anyone for anything. Whether or not the case will hold is up in the air, but that will not stop people from screwing with you if they so choose. Universal hit up Nintendo for 50% of the revenues for Donkey Kong saying it infringed on King Kong, despite not even owning King Kong and Donkey Kong being clearly distinguishable. And worse, the companies don’t even have to win, they just have to litigate you to death.
So if you do do parody, I highly suggest avoiding the companies that go after these sorts of things (Fox and Universal come to mind).
Thanks for all of the feedback. It would not be so blatant as to include a character. Perhaps some similar names (example: Louie instead of Luigi) to help people get the reference. Parody would be the best way to characterize it. In general, video game references would be the extent. That’s why I pointed to Abobo’s Big Adventure, I love how that was put together and being a life long gamer I think it would be fun to do my own form of tribute. The real question is if I were to make real progress and decide to charge a couple bucks for the game, would I then be in a storm of legal issues? At this point it’s all ideas so nothing is really lost, just wondering how it all works. Again, thanks for all the responses.
The only way to really answer that would be to consult with an actual lawyer. We could easily tell you “Sure, you’ll be fine!” but that’s not going to help you if you do end up receiving legal action.
Again, just mentioning the name of a pop culture figure, movie or a book, or something… not an issue. Defamation, using likenesses as characters, using copyright protected media is illegal. Don’t make your main villain McDonalds corporation. Your character can say they don’t like Taylor Swift, Taylor Swift cannot be a character in your story.
It’s all about… are you trying to use their image and fame to make money? Cause by law, only they can do that.
Well, games like Retro City Rampage are great reference to how make culture references and not get busted. Just make sure the reference in question doesn’t contain company’s IPs or trademarks (both should be severely limited in power, but that’s topic for another discussion). Good example is Fallout’s Nuka Cola. Everyone knows what soft drink this references, yet Bethesda (so far) didn’t fell in trouble for it.
Most works of fiction also choose to create their own fictional brands and companies. It’s more creative, for one. Getting rid of liability concerns are just one more benefit. Games are media, as well. So… don’t give away free advertising.
Whether the game is free or not, infringement is still infringement. Fair Use is a hard defense to try to “win” with, but it wouldn’t stop them from just crushing you with lawsuits until you’re broke either. There isn’t really a line between black and white, and it totally depends on how you implement it. Just remember that brand names and logos are 100% infringement without permission. The best bet I think is to implement what you were thinking and then ask (preferably a lawyer) whether that specific instance would be infringement or not.
Secondly, the whole idea that you need a lawyer for each and every single legal issue is just plain bonkers. It’s a lie that lawyers perpetuate to keep them in business.
Every been to traffic court?
WHOLE lot of people paying lawyers to say “My client pleads guilty, your honor” and walk out of the court room thousands of dollars richer.
You do not need a lawyer to make a small budget game with pop culture references. Just take the time and do a little reading on the matter.