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Would it be allowed if I adpated the game shows ideas into a virtual based game and still use its original name. It is not a stand alone game its more of a single server however I could to set it up where I could accept donations or someone could purchase in game vanities. So my question is, 1 is it legal to even host a server based off the game show?, 2 If yes then am I allowed to accept donations from players if they were to donate?

Also for reference I wanted to make a Garry's mod server based off of Big Brother

  • Chances are the name is trademarked so you won't be able to use the name.... – Michael Jul 31 '17 at 19:38
  • So will a simple change of them name suffice? even if the mechanics are literally identical – user12949 Jul 31 '17 at 20:15
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No.

The name of the show and many other elements of the show would be protected by trademark and quite possibly by copyright as well.

Your work would be a derivative work of the television show in all likelihood and hence barred by copyright law.

Unless the game is patented, basic concepts and ideas embedded in the game cannot be protected as intellectual property, but you would have to divorce the concepts from the implementation in the show a great deal to prevent it from being a derivative work for copyright purposes.

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  • Thank you! So as long as the game isnt producing revunue, can it still be played for fun? – user12949 Aug 1 '17 at 13:29
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    No. Usually playing a game for fun would not constitute fair use in this context. After all, the whole point of a game is to have fun, so it is still detracting from its primary purpose and commercial potential. It might be O.K. if limited to say, the members of a single household or maybe even the children in one class at a school, but not for public distribution. – ohwilleke Aug 1 '17 at 13:34

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