Timeline for How do I get permission to use a video game character in my book?
Current License: CC BY-SA 4.0
13 events
when toggle format | what | by | license | comment | |
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Jul 3, 2021 at 3:52 | vote | accept | Aster17 | ||
Jul 2, 2021 at 15:39 | comment | added | Aster17 | Well, I am planning to publish it via traditional publishing. So, maybe I should continue with their official aliases and later wait for the answer from the publisher whether it could work out. | |
Jul 2, 2021 at 15:38 | comment | added | David Siegel | @Aster17 I do not use the chat feature on this site, and will not respond to or even read things posted in that way. I don't think i have anything more to say on this issue in any case. | |
Jul 2, 2021 at 15:37 | comment | added | David Siegel | @Aster17 I have no way to know if they would sue if you did that, or even used the "real names". If they did sue, I have no way to know if you would win or lose. If you publish through a traditional publisher, it would have a legal department which woulds review such issues before accepting the work for publication. | |
Jul 2, 2021 at 15:35 | comment | added | Aster17 | Let us continue this discussion in chat. | |
Jul 2, 2021 at 15:33 | comment | added | Aster17 | so using their aliases may or may not cause problems? | |
Jul 2, 2021 at 15:32 | comment | added | David Siegel | @Aster17 I am sorry but "what should i do?" is a request for specific legal advice, which we can't and won't provide via this site. You could ask the IP owners for specific permission, which they might or might not grant. You could just go ahead, claiming that permission is not legally required. You could muse new names for the characters. You could drop the cameos from the novel. If you go ahead, with or without new names, you may well wish to consult a lawyer who knows the law of India on copyright and trademark. I can't advise which choice to make. | |
Jul 2, 2021 at 15:25 | comment | added | Aster17 | So what should I do? Should I only use their aliases, which are not technically their names? Would that work out? I would be obscuring it a bit with windings if it is useful, which I doubt it is. | |
Jul 2, 2021 at 15:09 | comment | added | David Siegel | @Aster17 [...] Note: this 'FAN CONTENT POLICY" while it mentions "fan fiction", seems much more focused on music, artwork, and games. It does not at all mention works that are not fan fiction but include brief mentions of or appearances of their characters. They might still authorize such. I still think that under US law permission would not be needed for use as described in the question. The law of India is not as clear on that. I don't think the policy as written authorizes a published novel using any of their characters. | |
Jul 2, 2021 at 15:05 | comment | added | David Siegel | @Aster17 that site does not discuss a situation quite like the one described in the question. Moreover, it claims some things to which the IP owners are not allowed under US law. But it does, in section 10, specifically prohibit "commercial use" of any of their "Brads" which they say include all of their character names. Publishing a novel would seem to be commercial use. [...] | |
Jul 2, 2021 at 2:46 | comment | added | Aster17 | Hi, your answer is actually great. But the thing is, BATIM has made a site discussing where their IP or Brands could be used and where they can't be. Please let me know if I could come under this or not. Here's the link: joeydrewstudios.com/fancontentpolicy | |
Jul 1, 2021 at 21:31 | history | edited | David Siegel | CC BY-SA 4.0 |
jurist article
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Jul 1, 2021 at 21:16 | history | answered | David Siegel | CC BY-SA 4.0 |