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Discussion in 'General Discussion' started by adrianolah182, May 17, 2019.

  1. adrianolah182

    adrianolah182

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    Feb 27, 2019
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    Hello, so i don't know if this section is good for posting this infos, if not, sorry for that.
    Before 5 month i decided to start from scratch my own 3d psyhological horror game(with asset created from scratch in blender) until now, i created 5% of all assets of games.
    All assets it is created without sketch(coridors,door,textures,windows,room,house is created from my own mind), and this things take me alot of time(i don't know if it is good or bad, but i want to have in my game original assets)
    Last days i create a female character which show so realistic(and this is the question why i created this threads).
    If all follow correctly, and i release game, is it possible to have claim for the reason because the character shows so realistic, and maybe resemble with one person in real life.
    I know, you maybe laugh right now, but i want to know this info.
    This days i been so deep in the legal infos about the name of game, and characters.
    What about trademarks? i must to make trademarks on game and characters to avoid other trouble with copyright and claim from other people?
    Thanks and have a good days.
    Peace.
     
  2. GameDevCouple_I

    GameDevCouple_I

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    That post was super hard to read due to the formatting and punctuation issues FYI.

    Onto the actual question:

    You need to show a disclaimer saying any resemblence to real life people is purely accidental and all characters and locations portrayed are fictional.

    Also, trademarks I dont know where you got that info from but you dont put "trade marks" ona game, you put it on a company. Often an IP is spun out as a company / subsidiary so that it can be trademarked as well as sold.

    As for copyright, noone is going to make a copyright claim against your game unless you have ripped assets from another game, or used assets / code / anything else you dont have the rights to. If you do , no trademark / logo is going to change that, you will be taken to court.

    So it comes down to:

    1. dont use other peoples stuff without the acquiring the rights to do so
    2. show disclaimers about the contents of the game being works of fiction etc
    3. You dont need to copyright your game, its already your IP by right, but you may need to copyright or protect any documents or materials used to make said game
    4. if legal matters really concern you, then form a company.

    That said, the way this question is posed and its contents tells me that you are worrying about things you shouldnt be. If this is your first game, its really unlikely to do well enough for any of this to really be an issue, and unfortauntely thats the hard truth we all deal with when releasing our first project.

    I also doubt your model is so lifelike that it will be confused with the real person unless you are an expert modeller, or have ripped assets from elsewhere or used scanned data. If its scanned data, you need the permission from the person who was the subject to use that and remesh it for your purposes etc.

    You can also often get away with saying things are "inspired by" rather than direct representations of someone. Such as "inspired by trump" rather than " a model of trump"
     
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  3. adrianolah182

    adrianolah182

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    Thanks alot.
     
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  4. GameDevCouple_I

    GameDevCouple_I

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    You are most welcome
     
  5. Lurking-Ninja

    Lurking-Ninja

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    Everything what was mentioned above, plus: talk to a lawyer. We're not lawyers here (the majority), so we only guess based on previous experience/readings.
    You didn't deliberately copied someone's liking, right? Because if you did, the disclaimer _may_ not enough. And in that case someone can sue you (see the case between Rockstar vs. Lindsay Lohan.

    Nope. If you think you make an awesome game, and you want to do it, trademark your title first. If you're right and it becomes famous on any level you can trademark your company later.
    But it's complicated, I can refer back to the three videos from GDC I have linked before:
    https://forum.unity.com/threads/name-of-game.668851/#post-4476604
     
  6. Joe-Censored

    Joe-Censored

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    A character that happens to resemble someone visually is unlikely to result in any trouble. I am not a lawyer. You should talk to a lawyer if this is a real concern.

    This reminded me a long long time ago I was working QA on a game called Warlords Battlecry. One of the characters you can choose looked exactly like Commander Chakotay from Star Trek Voyager, even down to the facial tattoo. I of course filed a bug report that this is a possible issue. It was ignored, and shipped to customers with the Chakotay look alike character, and as far as I know nothing came of it. Anecdotal evidence isn't necessarily indicative of what risks there are, but that is my personal experience.
     
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  7. GameDevCouple_I

    GameDevCouple_I

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    Thats actually the same set of GDC videos I was trying to remember, albiet I remembered most of it wrong lol