Questions about copyright infringement.

[Nejisa]

Hi~

Well, as i just said in the title, i have some questions about what kind of things/actions are considered as copyright infringement. This is the thing:

Im writing a visual novel since some time ago and i did some research about cases that break copyright rules, so i could write without problems, but now im having doubts about it. You see, the visual novel is going to be totally free, but i think that still there are some things that i have to respect, it is just that i can´t tell the difference between what is good and what is not anymore; even so, i want to be sure that it is ok to continue writing as i have been doing it untill now, so the script won´t be subject or limited to only the things i can freely say, and things i have to disguise so i won´t breake any law. Im very confused and i have a lot of doubts even after reading all i could read about it in Wikipedia, so im going to put some examples, and i hope you can give an answer.

The visual novel im writing is going to be full of references of popular or general culture, what includes books, personalities, politics, real geography and of course tv shows/movies, this last the one that worries me the most, you can guess. So, i have read a lot of books and i know that there are cases where i can use movie names or song names in a book as a reference and nothing happens, but what about images? I mean, can i freely use images of copyrighted material in the game without any worries if the game is not commercial? What happens if i blatantly mention a movie name as a direct reference in the script?

For example, if i use Star Wars in the script, it is obvious that im talking about the Star wars saga that we all know, and im talking about George Luca´s Star Wars indeed, so, it is doing that considered as a copyright infringement?
And the second case would be related, in visual novels case of course, with images. Im doing the backgrounds that i will use for the game, so, if i, for example, put a Superman post in the wall, does that break copyright rules too? And what about music? Im using creative commons music and stuff, but i do have one and just one commercial song, song that is edited in the game and i include virgin in the gallery. So, what happens in that case? Is that illegal? I mean, do i have to write/include a disclaimer or something? Im keeping the credits of everything im using, even for the free material, but do i have to consider something else? Or, i should just simply avoid using all of that commercial names?

Thanks for reading, and i really, really appreciate the help.

[papillon]

Referencing stuff is mostly a trademark question, not a copyright question.

http://www.dailywritingtips.com/use-of- ... n-fiction/

Simply referring to something in passing, if you do not attach negative connotations to it and your product isn't porn or anything likely to make them freak out, no one will care.

Actually displaying their trademarks (logos, etc) in your product is much more problematic. And using an image or a commercial song without permission is still something that could get you into trouble. Giving credit or writing a disclaimer doesn't matter in the slightest for that - you need permission.

[Nejisa]

Referencing stuff is mostly a trademark question, not a copyright question.

http://www.dailywritingtips.com/use-of- ... n-fiction/

Simply referring to something in passing, if you do not attach negative connotations to it and your product isn't porn or anything likely to make them freak out, no one will care.

Actually displaying their trademarks (logos, etc) in your product is much more problematic. And using an image or a commercial song without permission is still something that could get you into trouble. Giving credit or writing a disclaimer doesn't matter in the slightest for that - you need permission.

You confirmed all my doubts. Thank you, now i think i can continue writing properly.

Still, there is something that i want to know: how does the doujinshis and fanart material work? I mean, you sell that in conventions, is there anything special about that?

Thanks

[Reikun]

Still, there is something that i want to know: how does the doujinshis and fanart material work? I mean, you sell that in conventions, is there anything special about that?

Thanks

Ahaha... this is what most people like to call a grey area in copyright. In Japan, independent people selling doujinshi/fanart of established series is a common practice (they even have stores that only sell doujinshi). This seems to have spilled over into the convention scene in other parts of the world, though there are some conventions that disallow artists from selling fanart stuffs. In general (or at least what I've heard), the creators in Japan are very tolerant of fan works and allow them to be sold. Part of the reason for it could be that the doujinshi creators aren't claiming the characters/series to be their own and they usually have limited print runs for books/prints/etc. The reason it has become a grey area outside Japan is because you are technically selling an original creation (since you made it), but the content is not originally yours. I think the more Western view of selling fanart is that it's copyright infringement and should be avoided. This is how I understand it anyway :0

[papillon]

Still, there is something that i want to know: how does the doujinshis and fanart material work? I mean, you sell that in conventions, is there anything special about that?

Mostly it scoots by under being too small for the lawyers to waste time chasing and bad business for them to make a stink about, especially as convention sales aren't exactly a viable line of work for most people and the items in question are produced in limited amounts.

Every now and then a particular convention does get into minor trouble and has to institute a strict policy on fanart, but mostly they just have small rules intended to draw a distinction between fanart and bootlegging, and nobody bothers hassling them.

If you released a free game with a commercial song in it, unless your game became really popular chances are nobody would hassle you either, the owners have other things to do with their time. But that's the difference between what's legal and what's practical.

[Nejisa]

Still, there is something that i want to know: how does the doujinshis and fanart material work? I mean, you sell that in conventions, is there anything special about that?

Thanks

Ahaha... this is what most people like to call a grey area in copyright. In Japan, independent people selling doujinshi/fanart of established series is a common practice (they even have stores that only sell doujinshi). This seems to have spilled over into the convention scene in other parts of the world, though there are some conventions that disallow artists from selling fanart stuffs. In general (or at least what I've heard), the creators in Japan are very tolerant of fan works and allow them to be sold. Part of the reason for it could be that the doujinshi creators aren't claiming the characters/series to be their own and they usually have limited print runs for books/prints/etc. The reason it has become a grey area outside Japan is because you are technically selling an original creation (since you made it), but the content is not originally yours. I think the more Western view of selling fanart is that it's copyright infringement and should be avoided. This is how I understand it anyway :0

Mostly it scoots by under being too small for the lawyers to waste time chasing and bad business for them to make a stink about, especially as convention sales aren't exactly a viable line of work for most people and the items in question are produced in limited amounts.

Every now and then a particular convention does get into minor trouble and has to institute a strict policy on fanart, but mostly they just have small rules intended to draw a distinction between fanart and bootlegging, and nobody bothers hassling them.

If you released a free game with a commercial song in it, unless your game became really popular chances are nobody would hassle you either, the owners have other things to do with their time. But that's the difference between what's legal and what's practical.

I thought so. I knew that things kind of worked that way because of what i have see, but i just wanted to confirmed it, since you people have a lot more experience. Thanks for your time

[LateWhiteRabbit]

Actually displaying their trademarks (logos, etc) in your product is much more problematic.

Yeah. I don't know about anyone else, but I have a lot of fun coming up with fake products and brands to replace the real world ones. You can actually make your created world richer for it - think about what Futurama did with "Slurm" and "Mom's Old Fashioned Robot Oil for Robots".

Making up your own brands doesn't even make your world less realistic most of the time - nearly every region has their own local soda pop brands for instance. And I get to have fun making fake product posters!

Another way to avoid getting in trouble with trademarks or mentioning them is just to make REFERENCES to those things. The audience will know what you are talking about. For instance, if you had a character drinking from a red soda can and their hand covered everything up, they could still go "Ah, that was refreshing." and nearly everyone on the planet would get the hint they were drinking Coca-Cola. You know, if you just HAD to have real brands in your VN.

[Nejisa]

Actually displaying their trademarks (logos, etc) in your product is much more problematic.

Yeah. I don't know about anyone else, but I have a lot of fun coming up with fake products and brands to replace the real world ones. You can actually make your created world richer for it - think about what Futurama did with "Slurm" and "Mom's Old Fashioned Robot Oil for Robots".

Making up your own brands doesn't even make your world less realistic most of the time - nearly every region has their own local soda pop brands for instance. And I get to have fun making fake product posters!

Another way to avoid getting in trouble with trademarks or mentioning them is just to make REFERENCES to those things. The audience will know what you are talking about. For instance, if you had a character drinking from a red soda can and their hand covered everything up, they could still go "Ah, that was refreshing." and nearly everyone on the planet would get the hint they were drinking Coca-Cola. You know, if you just HAD to have real brands in your VN.

I know that this would be the correct or the normal think to do, it is just that i wanted to set the story in the most 'realistic' world possible. But, yeah, the best is to avoid the logos. Anyways, now there is something more i want to considerate: what about the slogans? I mean, it would be obvious and illegal to make a character say something like "Im lovin´t it" or "Why so serious?", i don´t know, i think now nothing of that is that easy to write down in a disguised way.

[Anarchy]

You know, technically you're doing product placement for them, so if anything they should pay you for free advertising, not the other way around.

[LateWhiteRabbit]

You know, technically you're doing product placement for them, so if anything they should pay you for free advertising, not the other way around.

In movies and tv there is such a thing as incidental product placement, and you can have your characters drinking Coke or wearing Nike sneakers without covering anything up. Or they might drive by a McDonald's. It is expected that since you are filming in the real world, real world products are going to show up. In general, you just don't want to portray any product in a negative light. Coke might complain, for example, if the bad guy always drinks Coke and the heroes only drink Pepsi. Or Nike might get upset if the serial killer is always trekking through pools of blood in Nike shoes.

It is a lot shadier with games, however. After all, EVERYTHING, even background details, are all hand created and purposefully put there. If your characters in a game drive by a McDonald's, it is because you drew/modeled/created a McDonald's and placed in there specifically for your characters to drive by. Basically EVERY trademark placed in a game is product placement.

Major brands and companies may not want to be associated with you or your game, fearing what looks like endorsement of your game from them.

My suggestion, as always, is just to come up with your own stuff. Is a pizza box that says "Little Italy Pizzaria" any less realistic than one that says "Pizza Hut"? I don't think so. People are used to seeing many thousands of brands and regional brands all the time, so most people will just assume a realistic-sounding brand IS a real brand they just haven't heard of before.

[LVUER]

Or you can just use brands like "Pizza Butt" or "Wc. Donalds". They do that every time and no one's complaining...

[LateWhiteRabbit]

Or you can just use brands like "Pizza Butt" or "Wc. Donalds". They do that every time and no one's complaining...

Pizza Hut would probably view that as mocking their trademark and have a pretty strong case against you. The thing to remember about Fair Use and Parody is that you have to PROVE your use falls into those categories. Usually in court. After they've sued you.

Besides, I don't think anyone would eat at a restaurant named "Pizza Butt".

[PyTom]

It's also distracting.

If you're using a name that is deliberately mocking a brand name, people are going to notice. They'll stop and think "Pizza Butt? Why is he mocking Pizza Hut."

Depending on the type of game that you're making, such mockery could be fine. But often it won't be, and will just distract from the game proper. So I guess my point is that if you're going to use a parody name, do so deliberately.

[Sapphi]

This discussion makes me wonder how Wacky Packages can exist. I skimmed the article and only saw evidence of one lawsuit against them, but it seems like the other companies could definitely have a case. Did they arrange with the companies to mock their brands or what?

[LateWhiteRabbit]

This discussion makes me wonder how Wacky Packages can exist. I skimmed the article and only saw evidence of one lawsuit against them, but it seems like the other companies could definitely have a case. Did they arrange with the companies to mock their brands or what?

Topps owns some of the brands they are mocking. Others have sued them and they have stopped making those Wacky Package cards for those brands. Most of their use falls under parody protection. And anything that old and traditional - a type of almost loving mocking going back 50 years, is likely to be over-looked by companies to avoid bad publicity.

The truth of the matter is that if you are a big company and can afford lawyers, you can get away with a lot more than you can as a little guy. You'll notice brands like Coke and Pepsi, or Pizza Hut and Domino's can call each other out in their advertisements, but a smaller company insulting say, Coke, or implying it was inferior, would likely be crushed like a bug under an army of lawyers and money.