Copyright or not?

GuaveMedia

HEy,

when I use a character of the simpsons or some tv series, and I edit the images so that they look different,
is it still copyright or can I use it then?

thx

Braydon_SFX

I would be safe and not use them.

GuaveMedia

I just used the form of a character! I didn't copy them completely!

jonmulcahy

That's still asking for trouble

GuaveMedia

Ok no problem then, I will use an other character....

The_Gamesalad_Guru

The companies who own those kind of characters have full time lawyers who's job it is to police that kind of stuff and they will send you a letter but after that they will sue you.

mynameisace

I always tell people my little rule of thumb that 99% of the time is correct...

If you have to ask whether or not something is breaking copyright laws, it probably is.

Ace

Braydon_SFX

@Ace - What a smart rule.

scitunes

If you just need a character your best bet is to hire an artist. There are a number on this forum that will give you an entire animation sequence for a very reasonable price. Or if you are on a really tight budget you can find all kinds of stuff on stock image sites. I often use dreamstime.com

GuaveMedia

But is it allowed to use a name? Like Homer or something like that? Yes, or?

mynameisace

I refer you back:

If you have to ask wether or not something is breaking copyright laws, it probably is.

:P

Ace

GuaveMedia

But how can a name have copyright?^^

In case my parents named me Homer, I can name my game for example Homers Adventure??!!

JohnPapiomitis

the problem is you first ask if you can use a image of the simpsons and edit then, then you ask if you can use the name homer. So its clear your trying to copy stuff off the simpsons. Just come up with your own original stuff.

GuaveMedia

It is just an example John!

My game is not about the simpsons! I was just asking if it would be a problem when FOR EXAMPLE use a name like this!

SlickZero

The name Homer Simpson is not a copyright, because that's true, names, titles, and short phrases cannot be granted a copyright, but the character Homer Simpson is. If you make a character that looks like Homer, and you name him Homer, then you will most certainly receive a cease and desist letter. And like John says, just come up with something original, and you won't have anything to worry about.

MotherHoose

the names of famous characters are not copyrighted … but, most often/always they hold a ™ or ® with many variants in font, color, size, etc.
so if you use a name in a computer game that evokes similarity of content with the content the character appears in … they will probably come after you.
at the very least they will notify Apple and as Apple does not get involved with copyright/trademark infringements … you will probably be asked to remove your app.
or it will be removed for you … too, many complaints and you may lose your developer's account.

lots of free clips on the web to use as a base for your designs … √ out a list of names for a unique/unusual one.

MH

JohnPapiomitis

Well you said you just used the form of the character, didnt copy it completly which is suggesting you did it already and are not just using that as an example.

But as MH said you cant use Homer Simpson in a game, but you can use Homer, as long as he doesnt look like Homer Simpson

MoonMouse

Just on the topic of copyright, I've always wondered how people can make money on things like "the Austin Powers" or "Duke Nukem" soundboard when the images and sounds they are using are obviously from copyrighted franchises. Is there some loophole in copyright law? Or do the big studios just not care?

JohnPapiomitis

@ MoonMouse

The companies contact apple then apple sends them a notice to remove them from the store. And if they have multiple soundboards that violate copyright's there dev account will be terminated. Any that are in the store have either not been caught yet by them, or they have permission.

MoonMouse

Thanks John and RKS

Alex0407, I guess its safe to assume that naming your character "Homer", for instance, won't do any harm, so long as the content of the game is not similar enough to be associated or confused with the Simpsons. On the whole though, I'd play it safe. There is no point in risking headaches or potential lawsuits (if your game becomes popular enough for the studios to recognize it) over this. It's better to be safe than sorry

ozboybrian

Copyright is something I know well about as i've looked into it A LOT. I've been in contact with the American copyright commission more then once.
Basically it isn't copyright so long as you don't copy EVERYTHING...

Say the Simpsons, well obviously you can't have a fat guy and call him "Homer Simpsons" But you could have a Fat guy and call him Homer.
But you'd wanna give him hair, don't make him yellow. Because you'll get sued. They might not win, but you'll have to pay legal fees.
And counter sue them to get your money back which may cost more money.

But ides can't be copyrighted so to speak.

I would copy and paste my emails with them to prove it, but I don't want people getting all my ideas lol :P

johnydee

I had submitted an app and was approved.So when i went to upload a free version of it it was rejected because they believed it "violated" copy right laws.So i was like "ok" how come they approved the other app? So if apple approves an app are you really the one that gets in trouble along the way if it really does violate the copy right laws? If so why did they approve it in the first place?

JohnPapiomitis

Yes your the one who gets in trouble, It states your the one who will be held responsible, not them in the dev contract you agreed to. Obviously the will reject you for copyright violations they know about, recognize, and see right away, but its not there responsibily to go threw every app and make sure every single thing, artwork,sound,music, and asset isnt violating copyright and owned and/or licensced to you. There review process is to make sure its not offensive, doesnt crash or any big game breaking bugs, and that it complies with all there app guidlines on how it should run on the device.

johnydee

thanks for the response.But yeah they do actually check for copy right violations.Thats the first thing they look for before wasting time reviewing an app.But i deleted the one that was approved just in case anything happens.It had something to do with disney so its clearly obvious for them.But i was under the impression that if its not 100% copied that its not violating copy right laws.

johnydee

Thats why i dont understand how they let that app go by.Disney name for apple is an automatic copyright unless you have some rights.

mynameisace

I haven't read all the posts in this thread BUT when did we get to a point where even wanting to use 'Homer' or copy something became acceptable to openly discuss?

I understand that every idea influences another idea, etc. especially because I am a musician; but ETHICALLY copying something is wrong. Wether or not the law says it is. Good sportsmanship has gone out of the window and although it's almost impossible to come up with a truly original idea nowadays, openly trying to copy a character, pass somebody else's work off as your own, etc. is surely just wrong?

A few people have had games ripped from the App Store and re-released or tried to sell as templates recently. People who trade templates and steal games are killing the industry and putting the people who help off.

Building on somebody else's idea is okay, trying to pass something off as your own work isn't.

Ace

johnydee

Yeah i didnt copy any characters it was a utility type app.Just used some images/words.

mynameisace

I wasn't aiming that post at you, I'd not read enough threads to get down to where you started posting

Ace

The_Gamesalad_Guru

A true artist has their own ideas and has developed their own unique style. A real artist covets having their own style that identifies them. A true artist wants to push the boundaries and be on the cutting edge of new ideas. If all you do is directly copy people you're not an artist or creative, you're what we term in the media business as a hack. What people want is the next great idea not a bad copy of great work!

johnydee

Bro take it easy..I don't spend my time trying to make the next angry birds or make another doodle jump.sometimes you make stuff that people would like to see because they want it not because you don't have ideas.what would you do if you know that tons of people want a "Mario bros" type game and would buy it all day long? You make a similar one for those just like them right? You make what people are telling you they want to buy if it was on the app store.now i have lots of game ideas but they will take a while to achieve as I make most of my games in Xcode but lots of guys out there don't have very imaginive brains or aren't very good artist.so they rely on what's out today to help them.you can't insult people for not having their "own ideas" because for alot of these guys they don't have any. Now i agree that we should come up with new stuff because i hate seeing hundreds of doodle jumps on the market.if you make one think about how you can differ from all the ones out there.But i never sit down and think "who will i copy today" i sit down and ask people "what type of game would you buy if it was on the market" or "what interest you in a app"..those are the things that will make you sell.PEOPLES INTERESTS. Not new creations.most of the time they go unnoticed anyways.the greatest creations were born from accidents.....

The_Gamesalad_Guru

Tell that to Walt Disney.