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Naming levels after pop culture references
Hello!
Am I allowed to name my levels after pop culture references? Not exactly the same, but changing some letters to make them "funny" (yes, that's a stretch), or would they just be copyright lawsuits waiting to happen?
Thanks in advance.
Don't really know how anyone can answer this. Not only are there numerous laws but those laws change from country to country. However I do know some games already available that use well know phrases from popular films as sound bites. All rerecorded by a voice actor so not just sampled.
I suspect if you had a scene full of retired people in a desert you'd get away with calling it Dry Hard with a Pension, or a game base on a seaside cleaning firm called Coast Dusters :¬)
but that's not based on any legel knowledge. If going through an apps store I suspect they'll vet for this but not published anything yet so don't know the process.
Answer by tanoshimi · Feb 24, 2015 at 10:56 AM
A "pop culture reference" cannot itself be copyrighted, as it is not a work of artistic or literary merit.
Even if it were, most jurisdictions afford an explicit level of protection to "parody" works. For example, here in the UK, this guidance note states "People may use limited amounts of another’s material without the owner’s permission. For example: a comedian may use a few lines from a film or song for a parody sketch; a cartoonist may reference a well known artwork or illustration for a caricature; an artist may use small fragments from a range of films to compose a larger pastiche artwork."
So you'll probably be fine. However, I would strongly advise you to:
avoid implying that your game is in any way affiliated with or endorsed by whatever the subject is that you are referencing.
avoid being derogatory about the subject (you're still subject to libel and slander laws)
avoid using any registered trademarked symbols (e.g. writing the word "Transformers" would probably be fine, but copying the exact lettering, font, colours and logo of "Transformers: Robots in Disguise" would infringe on Hasbro's IP).
give appropriate attribution to the owner where necessary
use in moderation and in the spirit of "fair use". Naming each level after a different reference would be fine. Naming all the characters in your game after characters from the same film might not be.
Note: an app store will not vet your apps to ensure they comply with all appropriate legislation. That is exclusively your duty as the developer.
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