want to make cards in game based on author so what's copyright?

Discussion in 'Public Game Developers Forum' started by Planetman, Aug 25, 2014.

  1. Planetman

    Planetman Well-Known Member

    May 3, 2014
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    I see all those Harry potter apps and
    Wondered how they can publish as I want to make something in game so
    What's copyright law on that as I will be trying to sell them not give free
     
  2. Tap To Play

    Tap To Play Member

    Jul 1, 2014
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    Whether or not you ask money for your product is not really relevant, unless there's a license attached to the work that you use that permits you to use it for non-commercial use. Some copyright owners will not care and even see it as free promotion for their work, however, legally you are not permitted to use someone else's work without their consent.
     
  3. Destined

    Destined Well-Known Member

    Aug 11, 2013
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    If you have to ask it probably isn't legal.

    Those people using IP illegally can end up in a lot of trouble, if they end up popular they will def. be sued. Even if they are not they will probably end up in take down notices.

    Most of the big IP does them in hits. If you make money from the IP you are in serious trouble.

    Anyway just don't be scummy and use your own IP or get permission.
     
  4. Rogue

    Rogue Well-Known Member
    Patreon Bronze

    Feb 9, 2011
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    Games Developer
    Brisbane, Australia
    First off, I am not a lawyer. I think Destined said it best

    Basically, if you do not own an IP, just don't use it. There are exceptions for things that are public domain. For example, Sherlock Holmes is a public domain character (not sure what stories of his are though). So you could theoretically make a Sherlock Holmes game - but you wouldn't be able to use the likeness of Robert Downey etc.

    Again I am not a lawyer. My advice would be to not even bother using other peoples characters or settings (even public domain ones). Like Destined said: it just leaves you open to take down notices or possible legal trouble.
     
  5. Destined

    Destined Well-Known Member

    Aug 11, 2013
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    And of course you won't have the funds to defend any of them in court even if you are on a blurry line where you might be legal.

    Also you are obviously trying to leverage their brand into sales which is an obvious no no.
     
  6. Tap To Play

    Tap To Play Member

    Jul 1, 2014
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    I think the only exception to the rule is parodies. If your app is clearly a parody of the original material, you *might* get away with it. But it could still cause a legal headache.
     
  7. Destined

    Destined Well-Known Member

    Aug 11, 2013
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    which you won't have the funds to defend even if you are in the right.
     
  8. Glorkbot

    Glorkbot Well-Known Member

    Aug 14, 2013
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    Cartoonist
    Just make your own thing, not Harry Potter.
     

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