Can you use a character from an anime in your VN?

[DeletedUser160413]

And basically make up your own story but still use names, characters and ideas from that specific anime? I want to make an otome game where the main character is getting to know the Vice-chief of the shinsengumi, from the anime Gintama. I know about copyright, but is there any way to make it an exception. Ive seen a lot of games going around made by fans of anime series which have become very popular. But basically, whats the chance of getting sued for making a free or even pay game based on a specific anime? can I just mention the company and the authors name in my game?

[fleet]

I am not a lawyer.
The short answer is no, not without permission from the copyright owner. You can always contact them and ask for permission.

[DeletedUser160413]

I am not a lawyer.
The short answer is no, not without permission from the copyright owner. You can always contact them and ask for permission.

gaaaah the funny thing is, Hideaki Sorachi (the mangaka of Gintama) doesnt even seem to care about copyright since he keeps mentioning and using stuff from other animes loool.

[MaiMai]

gaaaah the funny thing is, Hideaki Sorachi (the mangaka of Gintama) doesnt even seem to care about copyright since he keeps mentioning and using stuff from other animes loool.

The thing is, Sorachi references other animes and mangas for the sheer purpose of parodying since Gintama is primarily an action/comedy series. That's a whole different thing than what you're asking.

Basically though, you're making a fangame right?

[PN04]

Parody is acceptable use, but the definition of parody can be a sticky situation if someone doesn't agree with your interpretation. Japan is a bit less litigation happy than creators/owners in the US so that's why you see such an open Doujin community there (they see it more as free advertising although there are some creators that get a bit diva-ish about it), but if your fan project gets too big or potentially infringes on an actual product they have in the works, anyone that has licencing rights to the property in the US will send you a cease and desist.

[SundownKid]

Fangames are usually fine as long as they're free (e.g. non-commercial). This isn't a guarantee that they won't get a takedown request, but it reduces the odds that anyone will notice or care since you're not profiting off of it. You will likely get a cease and desist if you are trying to sell it or it's a very large project. Not getting sued, simply being forced to take it down OR get sued.

[gekiganwing]

Making a fangame is risky. Some projects have been abruptly cancelled after a cease-and-desist notification. However, others have been finished and released, and are readily available (for free) online.

Keep in mind that the Shinsengumi were real people, and all of them died at least a century ago. Therefore, they can be considered "historical domain characters." There are many works of fiction which use long-deceased real people, in accurate ways as well as intentionally inaccurate ways.

[DeletedUser160413]

Making a fangame is risky. Some projects have been abruptly cancelled after a cease-and-desist notification. However, others have been finished and released, and are readily available (for free) online.

Keep in mind that the Shinsengumi were real people, and all of them died at least a century ago. Therefore, they can be considered "historical domain characters." There are many works of fiction which use long-deceased real people, in accurate ways as well as intentionally inaccurate ways.

Yes, that's why I'm just thinking this through again and using the shinsengumi (my own story) and not Sorachi's story. Thank you for your answer And everybody else, thank you so much!! ^_^

[mj67ai]

Didn't notice this post existed... but its a good question, but an easy one to answer.
If its a commercial game, and you're including property of someone else's creation without legal permission, and someone is making profit from it as well--you're asking for plenty of trouble. Nobody should want to dig themselves into that kind of hole. Gintama references other subjects as a parody, but its also questionable if that's okay at certain boundaries.
The best way is to just be original and creative. Want it to use the Shinsengumi? Fine, reference the real historical events, people, and timeline of its existence. Portray it even in your own interpretation. The Shinsengumi are a historical figure, and has been used and portrayed in different ways. Just try to make it your own thing. Avoid borrowing from copyrighted material.