PhasedEvolution Posted January 5, 2017 Share Posted January 5, 2017 Hello. I was wondering if you can get into trouble by having images of known video game characters in your own commercial game. For example if I include a Mario image or Homer Simpson image can I be sued or similar? How does that work? The_dude8080 1 Quote Link to comment Share on other sites More sharing options...
bruno_ Posted January 5, 2017 Share Posted January 5, 2017 You can't use copyrighted characters if you want to profit from your game. If the copyright holder finds your game they will ask to remove it first. If you (or the site/market where it is hosted) don't remove the game, they will probabily sue you. I suggest you to make your own characters. PhasedEvolution 1 Quote Link to comment Share on other sites More sharing options...
PhasedEvolution Posted January 5, 2017 Author Share Posted January 5, 2017 26 minutes ago, bruno_ said: You can't use copyrighted characters if you want to profit from your game. If the copyright holder finds your game they will ask to remove it first. If you (or the site/market where it is hosted) don't remove the game, they will probabily sue you. I suggest you to make your own characters. I see. Unless of course I have their authorization I guess... But I get the point. Thank you Quote Link to comment Share on other sites More sharing options...
b10b Posted January 5, 2017 Share Posted January 5, 2017 Just now, PhasedEvolution said: Unless of course I have their authorization I guess... But I get the point. Thank you Exactly. You can use copyrighted characters to profit from, but ideally only after you acquire correct permission - e.g. licensing. Doing so can be easy, or can be near impossible depending upon your credentials and intended goals. Generally whatever resistance you encounter doing it right should be less hassle than paying the price for doing it wrong - that goes far beyond the copyright laws and low-probability of being sued, but into the high-probability of solid commercial plan. If you have a validated idea then ask the Character's owner about licensing ... you might be surprised where the conversation ends up? PhasedEvolution 1 Quote Link to comment Share on other sites More sharing options...
mattstyles Posted January 5, 2017 Share Posted January 5, 2017 2 hours ago, bruno_ said: If the copyright holder finds your game they will ask to remove it first. Not sure thats a given, pretty sure first step could be to sue you, and also pretty sure the figure you end up paying may well be far more than you ever made from using the copyright. Always get permission, for any asset (character, image, audio, font, software etc etc etc) created by someone else, unless the license for that asset explicitly permits it, if you don't know if the license does or does not permit usage, in either paid or unpaid work (rarely is there little to no benefit from a piece of work out in the wild, lack of payment is no defence, I think), seek legal advice before proceeding. In the case of Homer or Mario I'd imagine the cost would be on the steep side. PhasedEvolution 1 Quote Link to comment Share on other sites More sharing options...
The_dude8080 Posted January 10, 2017 Share Posted January 10, 2017 On 05/01/2017 at 6:43 PM, PhasedEvolution said: Hello. I was wondering if you can get into trouble by having images of known video game characters in your own commercial game. For example if I include a Mario image or Homer Simpson image can I be sued or similar? How does that work? That is a good question. I would follow others advice of not taking "known" sprites. It is better to make your own... Quote Link to comment Share on other sites More sharing options...
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