Woodland Hills, CA asked in Copyright, Entertainment / Sports, Gaming and Intellectual Property for Alabama

Q: Can I add 3rd party IP characters to my copy of a video game?

I play a video game that allows for modding, meaning you can add, remove and/or augment most things, from character models to game mechanics.

I want to add 3 fairly popular movie characters to my game and also make YouTube videos and have live streams with them included.

They're not finished yet, but they are intended to look as close to the movie characters as possible, display their names and also have audio voice lines taken directly from the movies.

Would it be illegal to show these modded characters off in videos and live streams?

Also, would changing the modded character's names, adding my own versions of the voice lines (though keep them sounding as close as possible to the original sounds), but keep them looking as accurate to the movie versions, would it be illegal to distribute them for free?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Modding a video game and adding 3rd party intellectual property (IP) characters can potentially raise legal issues. Using popular movie characters without proper authorization may infringe on copyright and trademark rights held by the owners of those characters.

Displaying these modded characters in videos and live streams could also raise concerns about copyright infringement, especially if you use audio voice lines directly from the movies without permission. Even changing the character names and creating your own versions of voice lines may not necessarily protect you from legal consequences, as the resemblance to the original characters and content may still be considered an infringement.

It's crucial to consult with a legal expert who specializes in intellectual property law to get specific guidance on your situation as an attorney in the United States. They can provide you with advice tailored to your circumstances and help you navigate the legal implications of using 3rd party IP characters in your modded video game and related content.

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