Entertainment Law is riddled with very specific details that can be difficult to cypher through. Recent incidences have lead me to question not only the laws that are in place but the ways in which they can be interpreted. In the following examples, the interpretation and the laws inform the decisions.
Lindsay Lohan vs. Rockstar Games (GTA V)
Famous Actress Lindsay Lohan is suing Rockstar games for using her likeness, without permission for the character Lacey Jonas. Despite how similar the character and Lohan me by in personality, looks, and apparel Rockstar is defending themselves by claiming that the Game is a work of art and thus it is protected by the publicity rights claim. Also, the fact that Rockstar has proof of using another model that posed for the images leads most to believe that the similarities are not close enough to warrant the case.
(http://icdn5.digitaltrends.com/image/gta-lohan-640x0.jpg)
This is a concern for the satirically centered Grand theft Auto series and any other companies developing games that can be loosely influenced by celebrities.
It is clear that there are very real similarities to the character and Lohan but the most general of similarities, the character and her antics in game are reminiscent of several “child stars” in America and teen idols.
For those of us intending to create characters based on well-known celebrities, it is always important to be familiar with how much inspiration you can legally acquire. I intend to include some spoof and parody characters that will not need direct licenses But as a small independent company the concern would be if I had the capital to defend against lawyers if a well-known rich celebrity were to file a suit.
 |
| Not quite??? |
Marvel and Kirby
The Kirby heirs were suing on the basis that their works were not work for hire and that the characters originally developed by Kirby belong to them.
The biggest issue is that despite the fact that the work was done with marvel in mind and the close relationship that Stan Lee had with Jack Kirby, there is no proof supporting the claim that Kirby owned the characters.
As a creator, I know that it would be in my best interest to hold on to the rights to all of my Intellectual properties so that I do not end up in the same situation. Or in my work for hire contract include some clause about compensation in the form of royalties for continued use of content that I developed and or options to have priority in the purchase of the rights if they are sold. I would also try to include some type of expiration clause allowing the rights to retroactively come to me in if the IP is abandoned for a specified amount of time.
Authorship Laws for Modding
Modding is the process of developing new or adjusted content for released games through the use of tools included in that games development kit. Currently, Mods can only legally exist through the permission of the copyright holder.
 |
| Yes, Bethesda approved this. |
If there is a change in litigation to allow for Modding to be protected by the fair use act or the first amendment they would allow mod authors to have rights to specific mods written for specific games. They would also be protected from legal action taken by game developers who might not agree with the modded content.
This could be very good for players who are talented with developing modded content as it protects them from being copied and further showcases their abilities. This could lead to Modding being and even more popular route for finding talent for game studios.
(Wallace, R. (2014). Modding: Amateur Authorship and How the Video Game Industry Is Actually Getting It Right. Brigham Young University Law Review, 2014(1), 219-255.)
So...
It is important that artist and creators become just as versed in the laws that protect them as the ones that they could potentially be breaking, it is a thin line to tread and falling on either side could be potentially dangerous.
