Copyright infringement question

rftimoteo

I am developing a game titled Bruce Wayne, where the main character looks like the following image:

Am I committing copyright infringement?

Thank you in advance.

JodyMitoma

If you created the image, or got it royalty free online, you're usually free to do as you please with it, up to but not limited to making money off of its sole purpose. However, if a main character does in fact look far too similar to that of which is copyrighted, you are not allowed to do so. You will have to look into the Batman copyrights, and see if they indeed do have this character copyrighted, which I'll bet they indeed do. Sorry! Make something original!!

If you wanted to however, you could obtain a license from the copyright owners (DC Comics). That is totally your call at this point.

You could go ahead with it, maybe make a few small changes to the graphic, and then continue on with your game. As long as you don't use the Batman title in the game, or what-have-you.

The chances of DC Comic suing are slim to none. They actually enjoy the fact that so many people want to create graphics of their superhero.

rftimoteo

@‌JodyMitoma

"(...) but not limited to making money off of its sole purpose."

That's a good question. What if my game is free?

I understand your point but if the actor is facing the right side of the screen (as in a platform game where you see him in side view), can it be considered similar to that of which is copyrighted? One can associate but that does not mean similar, I think.

I do not intend to make millions, just give the public something they can play with.

Hopscotch

@rftimoteo, just remember, free with ads IS commercial.

JodyMitoma

Yes of course, if you make any money off of this game, it is considered commercial. Hopscotch said it right. Even if you only make 5 cents off of ads, or in-game purchases. Even releasing a game with the purpose of attempting to make money, is considered commercial, even if you don't make a cent!

Even if you release the game for free, without ads, and without in-app purchases, you are still risking a cease and desist from DC Comics, although the chances of that happening are extremely, extremely rare, as like I stated above, DC Comics does not take copyright infringement as seriously as other companies would.

Like I said above, just make some small changes to the character - height, width, color of cape, etc... Don't risk something like copyright infringement. That's dangerous grounds.

Dues

To me (personal opinion) it looks far to close to Batman. Combined with Bruce Wayne I think you are actually crossing the line for what's acceptable
But again thats my opinion. As @JodyMitoma‌ stated above you should check some things out before you release it.

GL

Hopscotch

DC DOES go after possible infringements...

BATS BBQ Restaurant is no longer... was sued because of the image!

The maker of sports bats called BATSMAN is no longer allowed to use the name...

If there is any doubt, stay away from it. Once you achieve any kind of success with you game, chances are big that a company like DC will at least try to protect its IP. Do you have the money to fight that fight?

Socks

@rftimoteo said:
That's a good question. What if my game is free?

It's obviously Batman ! It looks like Batman, the colours are the colours of Batman - and the name 'Bruce Wayne' further establishes what you are trying to convey to your audience, any court wouldn't take longer than a minute to agree it is batman.

If you charge for the game you would be infringing the holder's exclusive right to use, reproduce, distribute the Batman image or derivative works.

If you make the game free - but earn revenue through advertisements then you would still be infringing the holder's exclusive right to use, reproduce, distribute the Batman image or derivative works.

And if you make the game free, but have no in game advertisements (or iAPs) then you would still be infringing the holder's exclusive right to use, reproduce, distribute the Batman image or derivative works.

Basically it doesn't matter if you sell it or give it away entirely free, you cannot use copyright material without the copyright holder's permission, they spend decades and millions of dollars building up a brand, it would be silly to just let anyone use it because that person is not going to make money, the market would be full of free products (usually of a lower standard) that would damage the brand and dilute sales.

Socks

@Hopscotch said:
If there is any doubt, stay away from it. Once you achieve any kind of success with you game, chances are big that a company like DC will at least try to protect its IP. Do you have the money to fight that fight?

Yep, not worth it, if it is even mildly successful or even just appears on DC's legal radar it will be taken down, although they will probably just issue a cease and desist order rather than take full legal action (although they would have the right to do that too, so it should never be ruled out!).

BazookaTime

I was going to reply earlier but I assumed this was a joke thread since the character looks just like Batman.

rftimoteo

Thank you all for your answers. I'm quite clear. Have a nice day.