If I want to make a trivia game, and have either quotes or references to movies or TV shows, if that in violation of copywrite?

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You are free use any factual information. The trademark issues arise when you present some kind of false association with another brand or enterprise. So, for example, if you created a game that was only discussing one show and you used all their logos and trade dress, etc. so to give the impression you were affiliated with that show or that the game was published by them and not by you. If you need help or clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Legal, LLC

Attorney Answers

6
Frank Natoli ·
You are free use any factual information. The trademark issues arise when you present some kind of false association with another brand or enterprise. So, for example, if you created a game that was only discussing one show and you used all their logos and trade dress, etc. so to give the impression you were affiliated with that show or that the game was published by them and not by you. If you need help or clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with. Best regards, Frank Natoli-Legal, LLC
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Pamela KoslynBusiness AttorneyLos Angeles, CA ·
This is a trademark question, not a copyright question. No one owns facts, and brands can be referred to under a doctrine called "nominative fair use," meaning you have to name the brand you're referring to so your audience knows what you mean. But the line you can't cross, to avoid trademark infringement liability, is that you can't confuse the market about your association with the brands you're referring to. Generally trivia games use so many references that no one could reasonably think the game's manufacturer is associated with all of them. But you're not proposing mere references, you're apparently intending to use brand's actual logos, which may be more than what's necessary. https://en.wikipedia.org/wiki/Nominative_use Games are potentially eligible for copyright protection, trademark protection, and patent protection, so this is not a simple question. Consult your own intellectual property lawyer for help.
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J Scarbrough ·
Your replies to some answers tells me you missed the point of those answers. Bottom line, folks can use direct quotes, i.e. "you need a bigger boat" and "Jaws", including logo's, fonts, and such, in a trivia game, as long as... It is this "as long as" where you need to go over your entire concept with an experienced Intellectual Property attorney to insure you don't cross any gray lines into infringement. This "as long as" is what Ms. Koslyn is referring to when she mentions 3 years of law school, and what can't be answered on a free legal Q&A forum.
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Gary Ilmanen ·
Don't rely on Arrasmith's answer! He didn't even READ your question. Hopefully, other attorneys will respond. While the answer that Arrasmith posted might APPEAR to be logical and factual, the ugly truth is that it was NOT written by a living, breathing attorney! It was generated by an Artificial Intelligence text generator such as ChatGPT. I have written a Legal Guide with more info at: https://www.attorneyqna.com/attorney-guides/92506-ca-gary-ilmanen-41947/guides.html
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James Dickinson ·
It may depend on the nature and extent of the use, etc. Speak with a local IP lawyer.
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Sheldon Starke ·
If I want to make a trivia game, and have either quotes or references to movies or TV shows, if that in violation of copywrite? My Q is why are you posting your ideas on a public forum? Get an IP lawyer to help you. We do not give real atty/client advice here. Sorry
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