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newbie copyright question

Postby Peter_Pain » August 19th, 2011, 9:45 am

So if i make lets say a batman flash game am i breaking the law?
Do i have to ask DC for permission?
Will my game be taken down from sites like mochimedia, kongregate, nonoba... if i don't have permission?
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Re: newbie copyright question

Postby cjcenizal » August 19th, 2011, 5:42 pm

If you make a game about Batman without permission from whoever owns the copyright (DC), you're violating their copyright and they can sue you. They'll probably just force you to take the game down with a Cease and Desist letter. I doubt a portal will take your game down of its own volition, unless DC approaches them first. If your game is very successful, DC will probably notice and make you remove the game and also pay them damages (e.g. they will say the money you made should be theirs, since you made it by using their property). If your game isn't successful, probably nothing will happen.

If you make a parody game (e.g. a game called Crapman) that is obviously based off Batman, you're probably fine. In the end, though, I wouldn't worry about being sued. Chances are very very low that anyone will care you're making a Batman game, and even if you are forced to take the game down, at least you got some attention out of it (even if it's negative). I would use your creative desires as your guide here, not your fears of being sued.
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