This is gonna sound... pretty strange, honestly - but here we go
So, there's something called gijinka in Anime... and honestly I've always liked strange things such as that, so I wanted to oneday include it in a VN
And recently I got the idea of game consoles - weird, I know, but that's not the point of this post
I won't consider working on this yet as I have other projects to finish, so I'm just saving the idea for now
But then I realized I probably won't be able to use the actual names in the VN, even if it were free (Which I was planning on doing anyway)
So for example even if one of the characters was based off a Playstation console, I wouldn't be able to mention the name "Playstation" anywhere, or use the logo in the design of the character... right?
I would prefer to not have to alter the names and designs, but if I have to, then I have to
Or abandoning this idea altogether would be better probably but anyway
I wanted to see just what I could and couldn't do with something like this
I wasn't sure how to phrase my question so I couldn't search for answers that well- so I guessed it'd be easier to just ask in this way
I also apologise if this maybe isn't the right place, but I'm really not sure where else to ask...
Any info is appreciated ^^;
Question about parodies (I have no idea how to word this so please read lol)
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- Elsa Kisiel
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Re: Question about parodies (I have no idea how to word this so please read lol)
Gijinka are pretty cool, I like that concept too!
It is true that, objectively, using the real brand name, even on a free project, is illegal. However, I highly doubt that big companies would sue you for a free novel with gijinka of theirs consoles.
It's a little like with fan-art. Objectively, it's illegal, but a loooot of artists (me included) are still drawing fan-art, and sometimes, even selling it, without compagnies batting an eye.
Here's a little piece of advice though: precise somewhere that this is a fan project and that you are not affiliated with the compagnie.
It is true that, objectively, using the real brand name, even on a free project, is illegal. However, I highly doubt that big companies would sue you for a free novel with gijinka of theirs consoles.
It's a little like with fan-art. Objectively, it's illegal, but a loooot of artists (me included) are still drawing fan-art, and sometimes, even selling it, without compagnies batting an eye.
Here's a little piece of advice though: precise somewhere that this is a fan project and that you are not affiliated with the compagnie.
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Re: Question about parodies (I have no idea how to word this so please read lol)
Well, uhh, this would be one of those situations where I'd consult a lawyer. Because it might be some sort of fair use because it is a parody but there is also the trademark law that doesn't have those exemptions (as far as I know). Yeah this is a though one. But based on web comics that use consoles and their logo's in their art-work I'd say there is some president for companies allowing it (but that is hardly a guarantee).
Would be careful using any of Nintendo's stuff though. Those guys are litigious as hell.
Would be careful using any of Nintendo's stuff though. Those guys are litigious as hell.
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Re: Question about parodies (I have no idea how to word this so please read lol)
where do you live / plan to release your game?
To an extent, this should be covered by fair use laws.
https://en.wikipedia.org/wiki/Fair_use
note that "fair use" isn't an excuse to do anything you want, there are still restrictions and obligations that apply, such as not using the logo, ensuring people understand you are not affiliated with the company/companies, don't infringe on patented designs and definitely don't use any IP without written permission.
To an extent, this should be covered by fair use laws.
https://en.wikipedia.org/wiki/Fair_use
note that "fair use" isn't an excuse to do anything you want, there are still restrictions and obligations that apply, such as not using the logo, ensuring people understand you are not affiliated with the company/companies, don't infringe on patented designs and definitely don't use any IP without written permission.
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Re: Question about parodies (I have no idea how to word this so please read lol)
Thank all of you for your advice ^^
In regards to where I live, I live in the UK.
By where I would release it, do you mean on what website? Sorry if that's a dumb question ^^; If that's what you mean then itch.io - and maybe Steam as well if it's allowed.
But definitely itch.io
I think I'd have to find a lawyer, yes... and I have no idea where to start with that
It's not that important so it's not like I'd have to find one straight away (As I said, I don't plan on working on this just yet)
If anyone has anything else to add feel free to ^^
In regards to where I live, I live in the UK.
By where I would release it, do you mean on what website? Sorry if that's a dumb question ^^; If that's what you mean then itch.io - and maybe Steam as well if it's allowed.
But definitely itch.io
I think I'd have to find a lawyer, yes... and I have no idea where to start with that
It's not that important so it's not like I'd have to find one straight away (As I said, I don't plan on working on this just yet)
If anyone has anything else to add feel free to ^^
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Re: Question about parodies (I have no idea how to word this so please read lol)
Hmm I'd make some concept-art, maybe the story brief and some reference images of the consoles and logo's. (The better your research the less they have to do and the cheaper they are). I guess you'd just search copyright/trademark lawyer UK and ask a couple of them to quote you a price for their work, ask a few references (cases they litigated or something). Eventually research the name of the lawyer you think of actually contracting to make sure they don't have any (obvious) skeletons in their closet.
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