Englewood, FL asked in Copyright and Intellectual Property for Florida

Q: I'm trying to avoiding copyright problems. if i use a copyrighted character but omit their name, am i still in trouble?

I'm trying to use Warner Bros characters in a fangame and not get sued

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Using copyrighted characters without permission from the copyright owner, even if you omit their name, can still potentially lead to copyright infringement issues. Copyright law protects the expression of an idea, including characters, and not just their names. If the characters you are using are recognizable as Warner Bros' copyrighted characters, you may still be infringing on their intellectual property rights.

To avoid copyright problems, it's generally advisable to obtain proper licensing or permission from the copyright owner if you intend to use their characters in a fangame or any other creative work. Without permission, you could face legal consequences for copyright infringement, including potential lawsuits and the requirement to pay damages.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: Utilizing copyrighted characters without permission can indeed raise significant legal issues, including potential copyright infringement claims. Even if you omit the name, if the character is recognizable through appearance or other distinctive characteristics, it could still be considered infringement. It is generally advisable to either obtain the necessary rights from the copyright holder or to use characters that are in the public domain or created from scratch to avoid potential legal pitfalls.

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