Jump to content

Likeness rights of celebrities - legalities?


air_raid

Recommended Posts

  • Moderators
25 minutes ago, jazzygeofferz said:

No, Nintendo did slap a cease and desist against Giana sisters

Of course they did. But it wasn't because of similarities to the likeness of a real life person who shoots fireballs and jumps on their enemies. Which is what this thread is supposed to be about.

Link to comment
Share on other sites

  • Paid Members
30 minutes ago, Chest Rockwell said:

Of course they did. But it wasn't because of similarities to the likeness of a real life person who shoots fireballs and jumps on their enemies. Which is what this thread is supposed to be about.

1619511431_Screenshot2021-06-2523_03_36.thumb.png.3ea911e8fa1c632d592c2a882d1db299.png

Link to comment
Share on other sites

  • Paid Members

I don't know if this is in the spirit of this thread, but this photo

https://www.alamy.com/actor-trevor-eve-at-the-chelsea-flower-show-2014-image69592235.html

As you can see is titled actor Trevor Eve at the Chelsea Flower Show from 2014. That isn't Trevor Eve, that is a friend of mine's dad. His name is Mike. He looks fuck all like Trevor Eve, but that doesn't stop his whole family taking the piss out of him

Link to comment
Share on other sites

  • Paid Members
On 6/25/2021 at 1:46 PM, air_raid said:

I’m wondering where the line is. How different does something have to be from its source inspiration to viewed legally “OK”?

Off Topic I know, but when it comes to packaging and logos at work I'm told they keep to 7 points of difference and need to pass an "idiot in a rush" style assessment. 

So that butter can look as close to a pot of Lurpak and the logo can look quite like Lurpaks as long as 7 distinct points of change can be pointed to in court (even tiny things in real terms) and an "idiot in a rush" wouldn't be tricked into buying the wrong thing. 

This was part of the recent caterpillar cake argument, every supermarket makes a Swiss roll with a face on it but when you line them up they all look distinctly different enough despite all being a Swiss roll with a caterpillar face, except Aldi's which was nearly indistinguishable from M&S. They have grounds to dispute this, and the "all supermarkets do one" argument on twitter missed the point that they were too similar and in a rush if they were side by side I'd likely buy the wrong one. That wasn't M&S's reason to complain but it was the grounds they used. 

On 6/25/2021 at 1:46 PM, air_raid said:

For instance - if you wanted to create a platformer where the central sprite was a diminutive football player fairly obviously inspired by Lionel Messi but named Goat or Wizard, where would you stand? What if you changed the stripes on his shirt to purple and orange or the colour of his hair?

This brought back a wave of memories for old PROEVO, with its Ryan Greggs staring at Manchester Reds. 

Link to comment
Share on other sites

  • Paid Members
1 hour ago, Tommy! said:

Off Topic I know, but when it comes to packaging and logos at work I'm told they keep to 7 points of difference and need to pass an "idiot in a rush" style assessment. 

So that butter can look as close to a pot of Lurpak and the logo can look quite like Lurpaks as long as 7 distinct points of change can be pointed to in court (even tiny things in real terms) and an "idiot in a rush" wouldn't be tricked into buying the wrong thing. 

This was part of the recent caterpillar cake argument, every supermarket makes a Swiss roll with a face on it but when you line them up they all look distinctly different enough despite all being a Swiss roll with a caterpillar face, except Aldi's which was nearly indistinguishable from M&S. They have grounds to dispute this, and the "all supermarkets do one" argument on twitter missed the point that they were too similar and in a rush if they were side by side I'd likely buy the wrong one. That wasn't M&S's reason to complain but it was the grounds they used. 

This brought back a wave of memories for old PROEVO, with its Ryan Greggs staring at Manchester Reds. 

Garry Linnikar. 

Link to comment
Share on other sites

  • Paid Members
2 hours ago, johnnyboy said:

How much of a rush would someone be in if they failed to realise they weren't in Marks and Sparks but had stumbled into an Aldi?

While funny and logical it's irrelevant, as stupid as it sounds. 

Say I bought an Aldi one and took it to your child's birthday. You are then the "fool in a hurry" and you could think it was from M&S and draw a conclusion on the quality of an M&S product accordingly from a non M&S cake. 

If that opinion is negative this then results in a loss in reputation or standing for M&S unfairly. 

 

Don't even start on all those "price match promise" or "average basket cost" claims in ads, full of back and forth legal billy big bollocks stuff apparently. 

There was arguing recently on the % value of chicken per nugget in compared products in it being a fair or unfair comparison, so I'm told. 

Edited by Tommy!
Link to comment
Share on other sites

  • Paid Members
On 6/25/2021 at 7:30 PM, David said:

I seem to recall a few knockoff type Street Fighter arcade games in shopping malls and so on that had the names as you mention. I distinctly remember one version, I think it may have been called Rainbow Edition, where the special sliding punch Balrog/M.Bison did was accompanied by two Hadoken-style balls of flame.

I remember some of those crazy ones when I went to the arcades at Blackpool Pleasure Beach. Absolutely bloody insane - you could fill up the screens with Hadokens, and Hurricane Kicks lasted forever, or until you got knocked out of the air.

One thing I do remember when SF2 came out was a version they reviewed in Mean Machines, called "Black Belt Edition" - the big difference was that it allowed you to projectile attacks while in the air. At the time, I thought it was official, simply because a mag was reviewing it.

Link to comment
Share on other sites

  • Paid Members

The AI characters would randomly change midway through a round, and you could press start to cycle through your character as well. Special inputs were easier. Yould could do a shoryuken at the top ofyour shoryuken so much that it'd loop off the top of the screen and through the floor again.

Link to comment
Share on other sites

  • Paid Members
4 hours ago, Tommy! said:

This brought back a wave of memories for old PROEVO, with its Ryan Greggs staring at Manchester Reds. 

Somewhat related to this type of thing, until 2013 EA Sports used to release a college football game (and a basketball one until a few years previously, which wasn't as popular and was discontinued for that reason) which was packed with official licences, but couldn't include player names due to their amateur status.

Instead, you had "QB #10" and the like who just happened to share the height, weight, hometown, rough likenesd and other attributes of the real players. Player names were always editable, and the advent of online roster sharing made it a doddle to get all the real player names in. Once you did, they had coincidentally recorded commentary which included player names, and not just the likes of Smith & Jones, but the more unusual names that fill the sport.

Eventually, a guy called Ed O'Bannon launched a lawsuit on the basis that a player that was obviously supposed to be him had been included in previous games and he hadn't got a penny for it. He won, and that was the end of that series.

In the last year, however, several states have begun to pass laws stating that college athletes are entitled to benefit financially from their own name, image & likeness, and it's trending towards being a law everywhere. As a result, EA have announced that the college football game is coming back, expected launch date 2023.

Link to comment
Share on other sites

  • Paid Members

College ball will probably sell as a separate game in its own regard, but could also be used to bulk out the career mode of Madden, NBA2K etc. 

Link to comment
Share on other sites

  • Paid Members
5 hours ago, johnnyboy said:

How much of a rush would someone be in if they failed to realise they weren't in Marks and Sparks but had stumbled into an Aldi?

Or how much of an idiot.

6 hours ago, Tommy! said:

This brought back a wave of memories for old PROEVO, with its Ryan Greggs staring at Manchester Reds. 

 

4 hours ago, jazzygeofferz said:

Garry Linnikar. 

Funnily enough I did look at the first FIFA game when I was thinking about my post. There was some complicity from the parties involved, which I forget whether this was FIFA themselves or the individual associations where FIFA was licensed but the players identities weren’t. My only personal memory being “Eric Catona” playing for France which was far more on the nose than anything like what I’m considering.

It does seem very much a minefield in terms of parody (how far does something have to be considered “funny” to work as parody?), satire/commentary (if there is zero relevance of the art to the person’s real life) and transformation. It is video games that I’m interested in, if there’s no defamation or risk to reputation, or implication of endorsement…. how would you fare doing a first person shooter where an enemy is a clear riff on Michael Jackson as he appeared in the Thriller video except the jacket is gold instead of red? Or an R-Type clone where a boss is a giant version of Freddie Mercury in drag from I Want To Break Free, shooting fireballs from his hoover? Or a five a side sim where the players bear a passing resemblance to N-Sync, the Backstreet Boys etc?

I suppose there’s no definitive answer and it depends how litigious your subject matter feels should they find out.

Link to comment
Share on other sites

  • Paid Members
15 minutes ago, air_raid said:

Or an R-Type clone where a boss is a giant version of Freddie Mercury in drag from I Want To Break Free, shooting fireballs from his hoover?

Have you been playing Sexy Parodius? 

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...