Asked in Copyright, Gaming, Trademark and Intellectual Property

Q: Can I use "It's Dangerous to go alone! Nimm das!" in an image for my fiverr gig

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It's best to be cautious about using that exact phrase in an image for your Fiverr gig. "It's dangerous to go alone! Take this!" is an iconic line from the 1986 Nintendo game The Legend of Zelda. Nintendo owns the copyright on the game's text.

Using a direct quote, especially such a well-known one, could potentially be considered copyright infringement if done without Nintendo's permission. Translating it to German as "Nimm das!" doesn't significantly change the situation from a legal perspective.

However, copyright law does allow for fair use of short quotes in some contexts, such as commentary, criticism, news reporting, teaching, scholarship, or research. Whether a particular use qualifies as fair use depends on factors like the purpose, amount used, effect on the potential market, etc.

To be safe, I would recommend either:

1) Creating an original phrase that captures a similar idea without directly quoting the game

2) Contacting Nintendo to request permission to use the quote

3) Consulting an intellectual property lawyer for a professional legal opinion on whether your planned use is likely to be considered fair use

In any case, I advise against reproducing the exact phrasing without further research into the legal implications for your specific intended use. Rephrasing it in your own original words is the safest approach. I hope this helps provide some guidance for your Fiverr gig image!

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