Question
Hi there!
My team and I have launched our game design startup just recently. For or a new game app, we would like to use the names and likenesses of real people, notably celebrities and politicians. Are we generally allowed to do that? How do we avoid legal problems? I appreciate any assistance.
Answers: 2 public & 1 private
Nope ... celebrity rights are well protected, especially coming from Hollywood. You might be able to claim politicians under staire (fair dealings or fair use) but as a for profit game it'd be hard to justify. Simplest way to avoid litigation (apart from hiding in PRC) is to allow users to upload skins/texture maps and let them do the infringing/clearance but be prepared to follow take-down notices if you want safe-harbor protection.
Hi,
There are a few considerations here:
1. Would having the likeness of a celebrity or politician indicate that they endorsed your product or game?
2. How are you getting their likeness? Are you drawing this yourself, or are you using photographs etc?
There are Competition/Consumer law issues, Privacy Law issues and Copyright/IP issues here in Australia. Let me know if you need more advice!
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