Q: if I were to post videos online of a group playing a tabletop game based on copyright material could I be sued?
if I were to post videos on youtube of me and some friends playing tabletop RPG based around copyrighted material (pokemon) could I be sued for copyright infringement and could I monetize it without legal repercussions?
This response is based on U.S. copyright law. Laws in other jurisdictions may be different.
While game rules are not protected by copyright, the manner in which they are expressed might be. Images (artwork, drawings, photographs, etc.) generally are protected by copyright. Names of games and/or the characters in them may be protected as trademarks. A trademark license/permission could protect you against trademark infringement liability. You also might be able to protect yourself from trademark liability by publishing a conspicuous trademark disclaimer in the videos. The copyright issue is a bit more complicated. There are cases holding that incidental use of a copyrighted image in a video is not infringement. The use you describe, however, does not appear to fall into the "incidental use" category. The safest course of action would be to request license/permission from the copyright owner.
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.