Q: Are character and franchise names or concepts protected under copyright?
I would like to create a card game in which I use the names of certain people and characters from popular culture, both fictional and real. The pictures in the game are entirely original, but based on the general idea of the people and characters. Is this protected under parody, or is this a violation of copyright? An example may be a card with the name "Harry Potter" and an original artwork of a boy that resembles the character from the Harry Potter series.
A: Use of another brand's characters may constitute both copyright infringement as well as trademark infringement/dilution. There are limitations to the fair use and parody such as, the effect on marketability/sales that such use may have on a parodied brand. Consult with an attorney for more information specific to your use.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
