Parody - what is, and what isn't?
by Vernon Finch · in General Discussion · 08/05/2004 (8:52 pm) · 11 replies
OK, I hope this is a good forum to post it in. Most legal questions seemed to be in this forum. I had searched around and in an old thread someone posted some interesting links regarding parody and court cases.
What I am asking is if anyone has had particular experience in dealing with what is acceptable as parody in Computer Games and what is not?
From what I have googled, I am seeing a rather vague line, with no one willing to catagorically state "You can do this, but not this". My own conclusion is that you can use parody as long as it is genuine and not just for exploitation value. This seems to be leading to the vague line, as what is genuine and what is not?
I have just started (slowly in my own time as a hobby) making a cartoon war game. Has elements of Cannon Fodder to it, with a squad approach to completing levels (rather distant 3rd person view). The selectable characters will be massive stereotypes with rather outlandish personalities.
I will have a main campaign that is the main focus of single player play, but I would like to have a scenarios option as well, where you can play a few totally whacked out levels for fun. I have several ideas for this, and this is where my parody question comes in.
One example:
Frodo and Sam have failed to cast the ring into Mt Doom. Now the United Nations (or whatever head group I come up with) ask you to send in your squad of elite fighters to clean up the mess. So you essentially have your cartoon troopers with guns running around in a fantasy setting.
Now if I use the names "Frodo", "Sam" etc, I fear I am opening myself up for a visit from the lawyers. So I planned on making lookalike cartoon characters with similar names so its obvious that its taking the mickey out of the Lord of the Rings, but not directly using any of their names.
What are your opinions on this approach? Am I walking on thin ice? Am I a scaredycat and should use their real names?
Any opinions on this matter (doesn't have to be specific to the example) would be great :)
What I am asking is if anyone has had particular experience in dealing with what is acceptable as parody in Computer Games and what is not?
From what I have googled, I am seeing a rather vague line, with no one willing to catagorically state "You can do this, but not this". My own conclusion is that you can use parody as long as it is genuine and not just for exploitation value. This seems to be leading to the vague line, as what is genuine and what is not?
I have just started (slowly in my own time as a hobby) making a cartoon war game. Has elements of Cannon Fodder to it, with a squad approach to completing levels (rather distant 3rd person view). The selectable characters will be massive stereotypes with rather outlandish personalities.
I will have a main campaign that is the main focus of single player play, but I would like to have a scenarios option as well, where you can play a few totally whacked out levels for fun. I have several ideas for this, and this is where my parody question comes in.
One example:
Frodo and Sam have failed to cast the ring into Mt Doom. Now the United Nations (or whatever head group I come up with) ask you to send in your squad of elite fighters to clean up the mess. So you essentially have your cartoon troopers with guns running around in a fantasy setting.
Now if I use the names "Frodo", "Sam" etc, I fear I am opening myself up for a visit from the lawyers. So I planned on making lookalike cartoon characters with similar names so its obvious that its taking the mickey out of the Lord of the Rings, but not directly using any of their names.
What are your opinions on this approach? Am I walking on thin ice? Am I a scaredycat and should use their real names?
Any opinions on this matter (doesn't have to be specific to the example) would be great :)
#2
08/05/2004 (9:02 pm)
Is Lord of the Rings public domain now? I don't see why you can't just use the names if you want to. I'm pretty sure it's public domain. I could be wrong.
#3
Name 'em Todo, Smarm, and Feeble, and you'll be fine... (Assuming they don't look like the actors in the films...)
08/05/2004 (9:18 pm)
I'm pretty sure it's not. For instance, I know that two separate companies have video game rights - one to the rights from the books (AKA "The Hobbit" that was recently released on multiple (console) platforms) and the other the rights to games based off the Peter Jackson movies...Name 'em Todo, Smarm, and Feeble, and you'll be fine... (Assuming they don't look like the actors in the films...)
#4
Another example from a slightly different angle (same game, another scenario):
I thought it would be fun to have a scenario level, where instead of having your normal squad, you have a "Presidents" squad. Trouble goes down and they call in the very best, an elite squad of George Bush (snr), Richard Nixon,. They are hard ass cartoon characters that kick butt in a level and have their own little catch phrases as they blow up things etc.
So here I am directly using real peoples identities, but in a comical way. Do you think this is fine regardless of the real person used (substitute presidents for anyone - Michael Jackson for example)
Thanx for the comments so far, this interests me :)
(edited for spelling)
08/05/2004 (9:20 pm)
Ok perhaps I should have used an example that wasn't public domain then :)Another example from a slightly different angle (same game, another scenario):
I thought it would be fun to have a scenario level, where instead of having your normal squad, you have a "Presidents" squad. Trouble goes down and they call in the very best, an elite squad of George Bush (snr), Richard Nixon,
So here I am directly using real peoples identities, but in a comical way. Do you think this is fine regardless of the real person used (substitute presidents for anyone - Michael Jackson for example)
Thanx for the comments so far, this interests me :)
(edited for spelling)
#5
If it's a parody, make the names goofy. Easy enough to do, if people can't connect the names they wouldn't understand the parody in the first place, and you're clear of lawsuits.
08/05/2004 (11:42 pm)
Heh, for those of you familiar with Games Workshop's Warhammer games, I bring your attention to the Halfling army list. Contains such special characters as a halfling with a ring of invisibilty, and a wizard with an elven sword, Glammyding!If it's a parody, make the names goofy. Easy enough to do, if people can't connect the names they wouldn't understand the parody in the first place, and you're clear of lawsuits.
#6
08/06/2004 (12:18 am)
You should be fine... the lord of the rings example is obviously parody, wich is allowed. The Bush or MJ example is something else. You can use these identities, but be carefull. If for example you make something where you have MJ in a bedroom together with kids you have yourself another situation becuase then its harrasment (don't know if its the right choice of words here... there's a legal term for it) 
#7
-Jase
08/06/2004 (4:00 am)
As far as I know, parody falls under 'fair usage' when it comes to copyrights. Though exactley what 'fair usage' means is debatable from person to person. Sorry, I can't offer much more help other than that, but you may want to look into what a technical definition of fair usage is.-Jase
#8
When you use real people, you have to be a little more careful, since slander is illegal. Be sure that no one could possibly get the impression you're representing actual quotes or behaviors of the person. Also, make very sure it doesn't look like the celeb endorsed your product, since that would violate their publicity rights. That's why you sometimes see 'all voices are impersonated' disclaimers.
Finally, be sure to take your concept to an IP lawyer. Folks on web forums can help give you a general picture, but for the kind of specifics it sounds like you want, you need to show your proposed treatments to a professional.
08/06/2004 (6:01 am)
As long as it's clearly satire or used for humerous value, you're safely a parody when using fictional characters.When you use real people, you have to be a little more careful, since slander is illegal. Be sure that no one could possibly get the impression you're representing actual quotes or behaviors of the person. Also, make very sure it doesn't look like the celeb endorsed your product, since that would violate their publicity rights. That's why you sometimes see 'all voices are impersonated' disclaimers.
Finally, be sure to take your concept to an IP lawyer. Folks on web forums can help give you a general picture, but for the kind of specifics it sounds like you want, you need to show your proposed treatments to a professional.
#9
08/06/2004 (9:30 am)
To make it even more comical, you might consider mixing up words (merd wixing, as I call it). For instance, you could have Borge Gush, Nichard Rixon, Fram and Sodo. I personally would find that funnier, and would have fun trying to figure out who is who. I'm not sure about any legal problems with this, and I would really recommend working with a lawyer (and spending a few bucks if necessary) if you're serious about doing this kind of thing. Better safe than sorry in this case. 
#10
or Fargo, Jam, Berry, Pip-pip, Airborn, & Handoff, etc.
08/06/2004 (9:37 am)
>> Name 'em Todo, Smarm, and Feeble, and you'll be fine... or Fargo, Jam, Berry, Pip-pip, Airborn, & Handoff, etc.
#11
This is only in its infancy and will be slow progress due to it being more of a hobby to me in my spare time (which has been limited of late). I was very interested in others opinions on the whole parody issue.
I think I'll have a chat to a few of my Law School friends. Thats the great thing about University ... you can always get some decent help for the cost of only a few beers :)
08/06/2004 (3:27 pm)
Lol @ KenThis is only in its infancy and will be slow progress due to it being more of a hobby to me in my spare time (which has been limited of late). I was very interested in others opinions on the whole parody issue.
I think I'll have a chat to a few of my Law School friends. Thats the great thing about University ... you can always get some decent help for the cost of only a few beers :)
Torque Owner nibbuls
As with the example, you could say that it was borrowing from the book, and you and Peter Jackson had similar "visions".