I am making a game and it has a celebrity face head cut out in the game on mobile device. Should i be worried for a law-suit?L beacuse his face is in the game, with glasses so it doesnt really show his face, but he is main character. Thank you
Sigh... Depending on how you use the face, it is doubtful that you are infringing on the celebrity's right of publicity. If someone would think that the celebrity had endorsed your game, that would be a right of publicity violation *maybe*, depending on a lot of other factors like geography and the celebrity's citizenship. If you're making fun of the celebrity, mocking the celebrity, using the celebrity's head ironically, or the like - then you probably have 1st Amendment protection.
Andra Marie VaccaroIntellectual Property Law AttorneyLos Angeles, CA ·
Celelbrities have rights of publicity especially here in California, so try to get a license now -- it will be cheaper and safer. Any IP attorney can assist you. Good luck.
Without permission, yes. As noted here, celebrities have a right of publicity. Anytime they enter into an agreement for a movie or project the studio or production company always contracts for those publicity rights in connection with the project. Even more, depending on the content of the video game the celebrity could have false light and other tort claims against you. Finally, you cannot create a game with a celebrity likeness where it appears that said celebrity is endorsing or otherwise involved with the game if they are not. You should discuss your plans with an attorney and secure the necessary permissions.
Joshua M. BiletskyBusiness AttorneyLos Angeles, CACA licensed ·
It is better to be safe than sorry in this situation, especially in California where celebrities often take advantage of their "right to publicity." Consulting an IP attorney about the manner in which you are using the celebrity's likeness would be your best bet before actually implementing the character into your game.
Daniel Gary RosenthalGaming Law AttorneyMaryland ·
It'll of course depend on how you present the celebrity face in the game. There are other risk-assessment factors involved, such as who the celebrity is and how litigious they are, how successful (and visible) you expect the game to be, whether the game contains elements of parody, how recognizable the character is, how exactly you're using the character's image, etc. You'll need to speak with a game industry attorney for more details on this.
