Legal Question in Business Law in California

I am planning on producing a game which heavily quotes from various media (anime in this case) and includes fan made art of said media. My question is two fold:

1) In the first case, suppose that this media is licensed in the US. Would my game which includes quotes and fan-made art be breaching copyright laws?

2) In the second case, suppose that this media is originally in another language and that fan-made translations exist. If I quote using the fan-made translations, is this still an issue? If the licensing happens after I produce my game, will this cause trouble as well?

Thank you!


Asked on 7/19/14, 11:08 am

1 Answer from Attorneys

Frank Natoli Natoli-Legal, LLC

The only possible answer to 1 and 2 is "maybe." The devil is in the details my friend. In general, using quotes will be fine because they are not protected under copyright, but they may not be case depending. For example, some quotes are employed as trademarks and your use may be infringing in that regard. Some quotes that consist of a large amount of material from the broader body of work or the most commercially recognizable portion of that work may still be protected under copyright law. Lastly, creating a false association with a given author or enterprise can lead to legal claims.

You really need to consult with counsel in private and figure out a best course of action.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient. Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 7/23/14, 8:56 am


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