Legal Question in Intellectual Property in California

Hello,

Unfortunately, you would need to obtain permission from the celebrity to use their name and likeness. It could be a gray area if you were not creating the game for profit but since you are it is a commercial product that requires clearance. Apple will flag this when it reviews your game and will not add your game to the store unless you obtain the clearances so its best to at least reach out to the celebrity that you want to use beforehand. They may give you a free license if you somehow benefit them.

Change the characters' names to fictitious names, and change their appearance a little so that it's less than obvious that you are depicting a famous person. Their lawyers probably won't see the characters anyway -- they won't be able to get past level 1.

If you did this and were sued, you might have some good defenses based on limited privilege or other theories, but defending these suits can be ruinously expensive for an individual entrepreneur or small business, so the best advice is to seek written permission.

The other attorneys have given sound advice. Seek written permission or make enough changes so you're not depicting a famous character or person. Before moving forward, consult with an attorney for advice about specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney