Q: can I use an unrecognizable video game character to hit a block similar to Mario Bros?
On my website I'd like to have an unrecognizable character jump up and strike a block having an item come out of the block. The motion would be similar to the Mario bros. Would this create any copyright issues with Nintendo?
A:
Using an unrecognizable character in a video game-like scenario, where the character jumps and hits a block to release an item, may still raise potential copyright issues with Nintendo or other video game companies. While the character itself may not be recognizable as a specific copyrighted character, the overall concept and mechanics of jumping and hitting blocks to obtain items are closely associated with the Mario Bros. franchise.
Copyright law can protect not only specific characters but also certain gameplay elements and concepts if they are distinctive and associated with a particular franchise. If your use of similar gameplay mechanics is too reminiscent of the Mario Bros. series, it could potentially be seen as infringing on Nintendo's copyright.
To avoid legal issues, it's advisable to consult with an intellectual property attorney who can assess the specific details of your game, character, and gameplay mechanics to determine whether they may potentially infringe on any existing copyrights. They can provide guidance on how to modify your game to reduce the risk of copyright infringement while still achieving your desired gameplay experience.
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