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TIGSource ForumsDeveloperBusinessCopyright law regarding references to characters
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Author Topic: Copyright law regarding references to characters  (Read 1212 times)
Abe Bly
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saepe fidelis


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« on: September 01, 2014, 02:51:49 PM »

Hi, business peeps. I have a question regarding copyright laws and how to get around them. In the otherwise completely original game that I'm making, I want to add a bunch of statues in the background as an homage to games and characters I like or that helped inspire the game I'm making. They'll be redrawn and only quasi-recognizable, but I don't want to end up getting in trouble for doing this. Below is an example of three of the statues I've already drawn:



(Eddie Riggs from BrĂ¼tal Legend, Ratchet from Ratchet & Clank, and Manny Calavera from Grim Fandango)

I know sometimes games get away with making references to others during different circumstances. Sometimes it's internal like the Mario references in a couple Zelda games. Sometimes it's companies that are friendly to each other, like Naughty Dog and Insomniac's Jak and Daxter and Ratchet & Clank making references to each other. Guacamelee makes reference to a couple dozen memes, some of which are video game call-outs. Then you have games like Bit Trip Runner 2: Future Legend of Rhythm Alien and Super Meat Boy which outright feature playable characters from other games in them.

Does anyone have some insight on when a reference is okay and not? Is this a case where I should be asking each of the property owners for permission?
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RudyTheDev
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« Reply #1 on: September 02, 2014, 02:41:30 AM »

Summary from what has been discussed before a lot.

Just reference: not okay
Fair use: okay -- but this has to be some sort of "commentary" (parody, criticism, education, etc.); background statues would hardly qualify. And the context of product matters as well.

If you see games using characters from other places, they probably have permission or they are obscure and/or harmless enough that no one cares even if they technically plagiarize and/or plain infringe copyright. In practice, no one cares until you make mad money off it.
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Abe Bly
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saepe fidelis


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« Reply #2 on: September 02, 2014, 09:24:30 AM »

Okay, that's about what I figured. Thanks a lot!
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