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I'm trying to understand the concept of Copyright and trademark Fair Use. I'm a small indie game developer working on a project which plays in the imaginary world of children. They adventure through a world created by them. Of course this inspiration came from my own two kids. Problem is that most of their playing is based on Copyrighted material.

Would it require me to obtain licensing when I create a level which is loosely directed to Star Wars for example? Where to play as Storm Troopers covered in unicorn stickers? Or where they dress up as Batman and Robin with a pink cape for a next level?

Just to be clear, the game isn't directed towards one certain character or copyright case, but it has reference to several, as well as own created characters, which are the main stars. It will not contain any direct reference to logos or titles. Just a loose reference to the looks of the characters. Would it require licensing or would this fall under Fair Use?

  • The trouble with Fair Use is that you can't really tell until the court rules on your particular case. All we can say is that you are sailing close to the wind. As a practical matter, defending a lawsuit from Disney is going to cost silly amounts of money even if you win. For any more than that, you need to talk to a lawyer. – Paul Johnson Jun 7 at 10:31

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