Legal Question

Discussion and feedback on Construct 2

Post » Sun Jul 21, 2013 2:04 pm

To dredge this up. Does anyone have any examples of proposals for using someone's IP?
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Post » Mon Oct 14, 2013 12:28 pm

What about trivia games in regards to trademarks? Surely you can use "Microsoft", "Super Mario", etc. as answers in a trivia game without legal repercussion. Especially if you wrote the questions yourself.
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Post » Mon Oct 14, 2013 6:07 pm

@Incid, yes that's ok. because your not infringing on any IP. Your not including graphics, sounds, story, characters. Your just making reference on a company or product basis.

You can ask, Who is the Hero of Time? and make a reference to Link. You would however be infringing if you included a picture of Link, MS or Mario.
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Post » Mon Oct 14, 2013 8:37 pm

[QUOTE=Wink] It's only illegal if you get caught    [/QUOTE]
so is robbing a bank only illegal if you get caught
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Post » Mon Oct 14, 2013 8:44 pm

@jayderyu I don't think you are correct. I'm pretty sure that names are trademarks too and can't be used without permission.
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Post » Mon Oct 14, 2013 9:13 pm

[QUOTE=Incid] What about trivia games in regards to trademarks? Surely you can use "Microsoft", "Super Mario", etc. as answers in a trivia game without legal repercussion.[/QUOTE]

I did some digging and the answer appears to be "maybe." There are a few short discussions on the legal advice site Avvo, one of which is here:

Why is it Legal to Create Trivia Games of Other People's Tradmarks?

The crux is whether your game falls under "nominative use," defined as using "the trademark of another as a reference to describe the other product, or to compare it to their own."

This defense was first described in the case of
New Kids on the Block vs News America Publishing, Inc., although it was further developed in later cases. As Wikipedia summarizes, the following three criteria must apply:

1. The product or service cannot be readily identified without using the trademark (e.g. trademark is descriptive of a person, place, or product attribute).

2. The user only uses as much of the mark as is necessary for the identification (e.g. the words but not the font or symbol).

3. The user does nothing to suggest sponsorship or endorsement by the trademark holder. This applies even if the nominative use is commercial, and the same test applies for metatags.RandomExile2013-10-14 21:13:54
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Post » Mon Oct 14, 2013 11:14 pm

@sqiddster
Copyright only applies to created content and special application of the name trademark. it is not applied in use of a name for the purpose of reference.

To infringe of copyright you must be using a copyright material as an endorsement of content to assist in selling your own work. Making a reference name of trivia would not. However creating a game where you have

"You Don't Know JACK", The Nintendo edition. Would royally screw you over. because at that point the product is using content of an IP as a selling point. Where as 1 question among thousands would not.

@RandomExile
you rock for finding a resource :)
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Post » Tue Oct 15, 2013 12:57 am

@jayderyu That was my thinking as well. Making references to games, characters, or companies without using their images, sounds, and so on seems fine. I doubt the creators of "Scene It" or "You Don't Know Jack" needed the express written permission of every movie, game, or company in their questions.

@RandomExile Thanks for looking into it. I came upon that link as well, but a quick Google search didn't turn up much more specifically regarding trivia games.

Trademarks and trivia games still seem to be a bit of a gray area. Putting "Nintendo Edition" in the title of a game seems like blatant infringement, but what about having a Nintendo category in a trivia game with 100 questions on various Nintendo titles? Or selling a "Capcom Question Pack" as an in-app purchase? Or even referencing specific companies and titles while advertising a trivia game online?
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Post » Wed Oct 16, 2013 3:43 pm

Great Great information, thanks everyone for the reply , I just got know from my experience that:-

01. Do not use Same Game Name
02. Do not use Same Sounds and Musics
03. Do not use Same Sprites or Models

Then it will be good I think , it is good to make zombie games but making a resident evil again with all those models and musics and such will be bad and can be illegal.

Thanks guys for the replies and your time you have given in replies.
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Post » Fri May 02, 2014 5:12 pm

Games based platform "Mario", enemies, scenarios and mechanics in general, such games published below:

Google Play:

Super Mario
Developer: Best Platformer Game

Andrio's World
Producer: Joerg Jahnke

  Anybody problem?
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