Santa Cruz, CA asked in Copyright and Intellectual Property for California

Q: Can I share videos online of a fan game I'm working on that I'll never distribute?

I'm making a fan game based on copyrighted material. It's mainly for personal use so I can learn how to code, I will never distribute it so other people will never be able to play it. However, I wanted to know if there was a way for me to share gameplay videos of my fan game online that wouldn't put me in danger of being sued?

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: While you may not be distributing the game itself, sharing gameplay videos online could still expose you to legal risks. In California, as elsewhere in the U.S., copyright law grants exclusive rights to copyright holders. This includes the right to create derivative works based on the original copyrighted material. Even if you're not selling or distributing the fan game, posting gameplay videos can be seen as a public display of a derivative work. The copyright holder could potentially take action if they believe this infringes on their rights. If you wish to minimize legal risks, it's advisable to obtain permission from the copyright holder before sharing any content. Always consult with an attorney regarding the specifics of your situation

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