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[PompiPompi]

What kind of a parody needs to ask permission from it's subject and also advertise it? Sounds like a very soft parody...

[theweirdn8]

Things along the lines of not getting sued or in trouble is why we had to gather permission 1st.

[PompiPompi]

Buhahahaha

There are laws allowing parodies, if peope would get sued for making parodies no one would make them.

Also, if the super inies sue you for making your game, it will just make everything they ever said about indie games sound like total BS.

[Cyman]

http://www.escapistmagazine.com/news/view/111271-Chiptune-Cover-Album-Leads-to-Huge-Legal-Bill

A man who created a licensed and legal chiptune tribute to the classic Miles Davis album Kind of Blue is stuck with a huge legal settlement because he can't afford to defend against accusations that he improperly used the cover art.

When Andy Baio made Kind of Bloop: An 8-Bit Tribute to Miles Davis' Kind of Blue last year, he took all the necessary steps to ensure that everything was on the up-and-up. He licensed all the songs from Miles Davis' publisher and he gave all the profits from the Kickstarter fundraising campaign to the musicians who took part. To tie the package together, he had a friend recreate the original Kind of Blue album cover as a pixel art image. And that's where his troubles began.

Baio had everything squared away on the musical side of the coin but he hadn't sought permission to use the photograph that appeared on the Kind of Blue cover. In February 2010 he was contacted by lawyers representing Jay Maisel, the photographer who had taken the picture, who demanded "either statutory damages up to $150,000 for each infringement at the jury's discretion and reasonable attorneys fees or actual damages and all profits attributed to the unlicensed use of his photograph, and $25,000 for Digital Millennium Copyright Act (DMCA) violations."

After seven months of negotiations, Baio agreed to pay a settlement of $32,500 and promised not to use the pixel art image again. But he also insisted that the settlement is not actually an admission of guilt. "My lawyers and I firmly believe that the pixel art is 'fair use' and Maisel and his counsel firmly disagree," he wrote on his blog. "I settled for one reason: this was the least expensive option available."

That's right: despite Baio's firm and well-supported belief that his pixel art rendition is fair use, "In practice, none of this matters," he explained. "Anyone can file a lawsuit and the costs of defending yourself against a claim are high, regardless of how strong your case is. Combined with vague standards, the result is a chilling effect for every independent artist hoping to build upon or reference copyrighted works."

[d]

I met the filmmakers at a screening and talked to them for like half an hour afterwards. I don't think they're the kind of people who'd sue you.

[PompiPompi]

Cyman, that's not a parody though.

[Cyman]

Like a parody, it was fair use.
http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody

Producers or creators of parodies of a copyrighted work have been sued for infringement by the targets of their ridicule, even though such use may be protected as fair use.

The point I wanted to make is if you offend a person, content creator or the company that owns it by not seeking permission they might make a claim (especially if there was income) regardless of fair use "protection", and the defendant will have to pay to defend themself in any case.

[theweirdn8]

I do trust the film-makers and believe that will not happen.

[Jammo]

We should be encouraging this team anyway, if you get a cease and desist, so be it.

MAKE THIS GAME

[PompiPompi]

Like a parody, it was fair use.
http://en.wikipedia.org/wiki/Fair_use#Fair_use_and_parody

Producers or creators of parodies of a copyrighted work have been sued for infringement by the targets of their ridicule, even though such use may be protected as fair use.

The point I wanted to make is if you offend a person, content creator or the company that owns it by not seeking permission they might make a claim (especially if there was income) regardless of fair use "protection", and the defendant will have to pay to defend themself in any case.

Well my point is that this is a soft parody, and thus not very interesting.

[theweirdn8]

Soft parody?

[PompiPompi]

Well, remember Tim Langdell?
Imagine if you had to ask a permission to make a game about him.
I don't compare the super indies o Tim Langdell, but usually people make a parody to mock and criticise the subject of the parody. To show the negative things about it.
It's also happen to be more funny this way.
If you ask their permission and so worried about getting sued, I doubt your parody will criticise them too much and show their negative traits. You will most likely try to flatter them rather than criticse them.
So, soft parody.

[theweirdn8]

Oh I see.