Avoiding Legal Trouble: Using Real Names And Trademarks In Games
Using Real-World Brands Legally
When creating games, developers may be tempted to directly reference real-world brands, products, and trademarks. However, unauthorized use of these proprietary names and symbols can open developers up to legal action. There are some cases where real-world brands can be safely referenced, but game-makers need to be careful to avoid trademark and copyright infringement.
Seeking explicit permission to use names and logos
The safest way to directly incorporate real-world brands into games is to gain verifiable permission from the company who owns the trademarks. Developers should reach out to brand owners and inquire about guidelines and processes for licensing their intellectual property. There may be specific terms about how brands can be portrayed, fees involved, and other conditions.
When permission is not needed
Parody and satire protections
In some cases, permission from brand owners is not needed, thanks to parody and satire protections. Game creators can gently poke fun at brands in a transformative, humorous way without fear of legal action. These parody representations should not directly replicate key trademarks and should provide some form of comedic social commentary.
Incidental uses
References to trademarks which are incidental and unimportant may also avoid the need for permission or licensing. An example would be the depiction of consumer products in an unrelated background setting. Since these incidental inclusions do not directly involve the brand or impact its potential market, they are usually protected.
Altering brands to avoid infringement
Game developers can also avoid legal issues by slightly altering branding references. For example, using similar but changed colors, fonts, names or logos moves the use out of an infringing zone. These imitation brands evoke the original brands in players’ minds but have enough transformation applied to qualify as unique creative expressions.
Code Examples for Referencing Brands
In-game code, text, images and other assets provide ample opportunity to make real-world branding references. Developers have some options when considering trademarked content additions.
Direct usage in text and images
The most basic approach is to directly incorporate unaltered brand names, logos, packaging, and other clearly proprietary assets. This method poses the greatest legal risk if done without permission. Any usage beyond parody or incidental background relies on the brands’ owners not launching complaints.
Partial name obfuscation
Code, text, and images can also contain slightly obscured versions of trademarks, such as partially hiding or changing letters in a brand name. This may allow references to register mentally while providing a minor veneer of transformation. Examples include corpohoting brand logos or using names like “Sprintu” or “Stariumucks” in game dialogue.
Complete fictional brand creation
For the safest option, development teams can invest time into building entirely fictional brands. Even if these fake products and companies use similar names, logos and imagery, fully custom creative work avoids any trademark infringement claims. Teams also own full rights to these made-up brands.
Steering Clear of Libel and Defamation
In addition to intellectual property matters, game-makers hoping to avoid legal pitfalls will take care when representing real figures and incorporating user-generated content. Carefully handling these areas helps prevents charges of libel and defamation.
Portraying public figures and celebrities
Especially with more realistic graphics available, development studios may envision directly depicting well-known people. However, unauthorized usage of someone’s likeness can spur lawsuits. At minimum, obtain clear consent before basing in-game characters on famous individuals. Take further precautions like avoiding controversial associations or portraying living people negatively.
Fictionalizing identities
Libel issues can usually be circumvented by fictionalizing identities in games. Even if characters seem similar to public figures, labeling them as parodies and keeping biographical details distinct creates needed separation. Real world context provides the audience enough suggestion to mentally link fake personas back to their inspiration.
Allowing user-generated content
Games relying on user-generated image and text content should establish clear guidelines about disallowed material. Proactively block libelous references to private citizens along with unauthorized usage of celebrity likenesses. Also quickly follow up on complaints to remove potentially illegal content from circulation to prevent liability.
Best Practices for Fan Games
Dedicated gaming fans will often create their own unofficial adaptations expanding on favorite characters and fictional worlds. While well-intentioned, these fan laborors risk clashing with complicated copyright protections on existing creative works.
Building on existing world and characters
In countries like the United States, simply naming and including aspects specific to protected novels, movies, games or shows requires permissions. Even without directly copying imagery or sounds, unapproved “fan fiction” walks a fine line unless substantively transformed.
Making substantial new content
On the other hand, fan games that make properly original characters, settings, and other content have stronger protection from legal strikes. With less focus on copyrighted details from the official versions, fundamentally new content makes the games transformative.
Avoiding copyrighted imagery and audio
For best practices, unofficial fan game producers should also create their own music tracks, art assets, engine code and other assets. Even if substituting initially seems unappealing, dodging all copyrighted assets from a game’s namesake provides firmer legal footing.
When You Still Need Legal Assistance
Despite best intentions, unforeseen brand depictions or oversight over intellectual property usage can happen in games. Troubles can also follow fan projects or user content systems. When issues gain unavoidable legal gravity, outside counsel provides direction.
If contacted by license holders
Receiving formal takedown demands from referenced brand owners or license holders signals imminent legal action. Seriously consider removing disputed content immediately and then consult an attorney. They can best represent if any use qualifies for parody or fair use protections.
Before making public fan games
Ambitious fan game developers ready to release their lengthy unauthorized tributes will benefit consulting lawyers ahead of time. Counsel can review if enough new material and effort exists to qualify pieces as unique transformation rather than solely derivative. This analysis may require some gameplay revisions but bolsters launch legality.
Options for getting professional advice
From one-off consultations to full service business partnerships, development studios have options when seeking legal help. Lawyers well versed in gaming, technology, and intellectual property provide guidance on avoiding brand controversies plus handling any incidents with appropriate responses.
