Q: question about copyright laws and licensing laws and use of franchise characters and assets
if i were to get a a licensing agreement to use a franchise and its characters for the production of a video game from the curent copyright holder and if there was another game from say 15-20 years ago that was made by someone else who had a license at the time but may no longer and i wanted to use the visual assets of the characters that are owned by the origanal franchise copyright holder but i didn't want to use any original characters that games owners had invented for there game would the license entitle me to use the visual assets of the copyright holders characters from that game or would i need a separate agreement with the games developer
A: In order to answer any of your questions, you need to obtain a copy of the earlier licensing agreement so that you know what rights the copyright owner may have given up. For example, was it an exclusive license to use the characters in particular ways? If so, then even the copyright owner no longer can exploit the particular works at issue. Best to work with a copyright attorney to help you understand all of the issues involved and how best to proceed. Good luck.
Marcos Garciaacosta agrees with this answer
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