Can you use the names of real people/movies/tv shows?

[dmikesell]

For example, if my game story stated that an alien race had invaded our atmosphere, reconfigured our satellites, and was broadcasting old episodes of Gilligan's Island (or Britney Spears videos or Hitchcock movies) to the world 24x7, could I be sued for copyright infringement by using those names? Or perhaps libel for insinuating that this would be a bad thing that must be stopped?

[PeterM]

I think Parody is okay, but I'm not a lawyer...

[Gilzu]

AFAIK, you can't use people's name without their consent.

I remember one of EA's NBA versions that had a blank face and a "noname" since they refused to pay Michael Jordan for using his name.

There was also Cas's "Super Elvis" which turned to "Super Dudster" (or something like that) due to the same reason.

I remember there was a special case about parody, don't take my word on it.

[RWgames]

Yeah this type of thing falls into a grey area. I've also heard parodies having a different rule but I'm not sure of the exact details. However, I've always wondered how cartoons like Simpsons, Family Guy and South Park get away with poking fun at "copyrighted" material.

[Gilzu]

Yeah this type of thing falls into a grey area. I've also heard parodies having a different rule but I'm not sure of the exact details. However, I've always wondered how cartoons like Simpsons, Family Guy and South Park get away with poking fun at "copyrighted" material.

Try to remember that the TV shows you've mentioned, actually expects legal reaction which will usually result in a nice publicity and good rating (take Eminem <-> Spears & Aguilera for example).

[dmikesell]

I guess I could play it safe and use generic terms like "soap operas", "music videos", "cable news", etc.

[mahlzeit]

Parody and fair use etc don't guarantee anything, except that you can get a lawyer to defend yourself in court should someone decide to sue you.

[MrPhil]

There's always the say everything but the name approach:


an alien race has invaded our atmosphere, reconfigured our satellites, and is broadcasting old episodes of a popular slapstick sitcom from the 1960's about seven castaways shipwrecked on an island with nothing but coconuts, broken radios and occassional visits from famous people.

[electronicStar]

What about using dead personalities?
For example doing a game featuring Albert einstein's ghost as a main character?
I plan to do something like that (but not Einstein).
In the doubt I'll go with it anyway because it's someone from the beginning of the century and not an artist so there are little chances someone is going to sue me. I'll take the chances, if the worse happens then I'll use it as free publicity:D

[dmikesell]

There's always the say everything but the name approach:

Who said anything about Leave it to Beaver?

;)

[Hiro_Antagonist]

Parody and fair use etc don't guarantee anything, except that you can get a lawyer to defend yourself in court should someone decide to sue you.
This is sort of true, but pointlessly pessimistic. I mean, anyone can sue you for anything at any time, despite whether you are right or wrong. So I think the more constructive answer is to get to what US law allows. (You're asking about US Law, right?) I think that's what the person is asking.

It's been a while since my law classes, but I do clearly recall that politicians and celebrities are in fact valid targets for parady and fair use, as they are public figures and have chosen actions/jobs that put themselves in the limelight. However, you cannot use any Joe Schmoe. (I'm sort of curious if 'normal' people who unwittingly become popular through news/current events are supposed to be immune to parody/fair use as 'normal' people are generally supposed to be. Like what about Michael Schaivo or Jill Carroll or Cindy Sheehan or news-reported crime suspects? What about the star wars kid? [who, by the way, recently settled for damages (http://newsbusters.org/node/4816) from his cyber-bullying lawsuit in Canada])

You also cannot imply that the public figure endorses your product at all (unless they actually do), nor can you put any words into their mouth that aren't true (unless it's clearly parady and therefore clearly untrue -- this is what southpark does.)

This I'm shakier on: but I'd be surprised if you could use any sort of copyrighted material unless what you were doing is clear parody.

Anyway, for examples, check out public figure parody like Southpark or public figure fair use like The Political Machine (the game by Stardock.)

Of course, IANAL and you should probably just look for some reputable sources (the best of which is consulting a lawyer) for the most concrete advice.