Superheroes in Droid Games ??

Hey everyone this is a random question but I can't figure out how this is OK...

How it that there are all these games on the Droid Market place with official Superheros like Super Man and Batman in them!!

These Dev are not from DC ?

https://play.google.com/store/apps/details?id=com.superman.journeyoftheuniverse&hl=en

(https://play.google.com/store/apps/details?id=com.utilapps.spiderboy)

How is this legal - is it legal ? Does anyone understand this lol ? I need an explanation damm it lol

 

It's not legal and Google Play is known to be full of such crap without active intellectual property monitoring.

 

Thank you for the reply bro, may I ask what if you were to put a discalimer would that make it ok ?

I mean Shrek had like the entire cast of disney in it ? And no one seems to be doing anything about these games ? Arggggg I need to know!!

So there just doing it and google play dosent care ?

 

Putting a disclaimer to use copyrighted and trademarked works is like putting a disclaimer before robbing a bank and not expecting the cops to show up. You need to either license your use of it or you need to make it look similar, but not too similar to have it fall under the acceptable use for copyright yet still not break trademark laws. If you don't, have a lawyer ready. You'll need one. Google doesn't make sure it's not infringing. It's the IP holders that tell google

 

They're doing it and Google Play doesn't care (but will probably care if DC ever sent them a C&D). Having a disclaimer doesn't make it okay, no matter whether it's for-profit or freely distributed. Using other companies' characters generally implies there is a pre-existing, written licensing agreement in place, and when making something like Shrek or Wreck-it Ralph, the producers will send out a small army of lawyers to the rights holders to see what they can negotiate reasonably.

Ways to legally skirt permissions:
- There are ways to not show enough of the copyrighted thing to cause issues. Pay attention to TV shows; unless there's a licensing deal in place, they'll be careful that the full name "Coca-Cola" is never actually visible, for example. They might rotate the can so the name is partly hidden, or cover it up with a hand or other scenery, but in no frame will they show the whole name.
- Using a "close enough" imitation. Batman without the bat symbol on his chest and with slightly different shaped ears might be enough to make it passable.... as long as you don't call him "Batman" or "Bruce Wayne".
- I think (don't quote me on this one) that saying a copyrighted name in and of itself is always permitted, as long as this quote doesn't directly reference something that could be Batman himself. For example, you'll never get sued for having one of your characters say "Batman is on the case, gumshoe!", just don't ever actually show Batman being on the case.

And finally, one would likely be able to get away with it (not legally, technically) if it's just a legal route that the rights holder is never going to want to or care to pursue. I believe this is how they are able to make a Justice League porn parody without obfuscating anyone's names or likenesses - they know that DC is never going to sue them, because suing parody porn is just going to draw unwanted attention to the fact that there's Justice League parody porn out there.

 

Disclaimers, 100% free or anything wont make it legal if you haven't received official approval which is nearly impossible to get without being another company and contact them with a licensing lawyer.

Google only removes them if IP owner tells them to or someone else reports the apps. Sometimes big companies hire external companies to take down all of the illegal games, wallpapers, ring tones etc. and also allows them to sue the ones they want for cash as damage being done to the IP.

Players don't know or read whats official and whats not so even a free game with a disclaimer wont help out if the ugly superman game will hurt DC comics reputation.

 

Thank You everyone.

I guess the idea of making an official Super Hero game is just soooo...Arrghh exciting you know.

I don't know if I should try and maybe just put them in my game with slight alterations ?!

I just love Super Heroes you know lol - and seriously these games have been out and downloaded a plenty and they are still there no one is taking them down...

But I'm scared - I don't want to get in trouble...

 

There is no point for companies to monitor everything all the time as its expensive. They can for example do yearly or quarterly take downs instead of checking it all every week or month. It's also easier to see which downloads did more damage (for court case) if they have been have been up for long time.

 

The guys at Marvel probably don't really care ... unless your app gets big. In that case, they'll sue your ass.

 

I would say you should create your own superheroes. Inspired by the famous ones, of course, but not knockoffs - legit characters. Not only will you not get sued, but you'll have complete control over the characters, the stories, everything.

 

Thanx everyone... Lots to think about!!

 

Yeah get creative - make your own superheros. That's half the fun of it anyway. A really strong dude that can fly in a blue and red suite is so boring. You have to have a huge purple squid-man mutant with laser ears and a major toe fungus problem.