Legal Question in Intellectual Property in Washington
Game Model Use in Parody
Is it legal to use models from an online game, to create a video spoof? I have created a funny video using characters from a game I play online. I know that thousands of other people have used the game models to make original videos and the game's website has even hosted several contests for original creations using thier models..but what if they saw something they did not like or considered unbecoming of thier game (even if it was an obvious parody). could there be legal ramifications?
2 Answers from Attorneys
Re: Game Model Use in Parody
No, you will be infringing on TM and copyright of the creators.You may be sued for damages and be subject to injunctive relief.
Re: Game Model Use in Parody
You would likely be infringing the game owner's copyrights but your fact pattern is incomplete in terms of assessing whether the infringement would be a "fair use." If it were, you would not be liable for damages. An intellectual property attorney can advise you. You need to balance your purpose in using the spoof against the possible cost of a legal opinion and defense of a lawsuit. Even though you may ultimately prevail if the use is fair, it may not be worth the expense.
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