QUESTION
Can i use a character image from a video game on a personal clothing item without infringing on copyright laws?
Asked on Dec 02nd, 2013 on Patents - Colorado
More details to this question:
From the XXX legal dept: Although we are unable to grant permission, use of XXX properties without our formal permission may still be allowed depending on the circumstances. You are encouraged to seek your own legal counsel if you have any questions about whether your particular proposed use is permitted without Nintendo's authorization. This is not a comment on whether we believe your particular proposed use is permissible¿XXX cannot provide legal advice.
1 ANSWER
Intellectual Property Attorney serving Manchester, NH
at
Hayes Soloway P.C.
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No. A creative work like a character image from a video game is considered copyrighted the moment it is created. Copying it without a license or fair use rights onto any article is infringement of the copyright.
There may be peculiar circumstances that would give rise to a legal argument permitting you to do this, but it would require a thorough review of all of the facts in the matter by experienced counsel to find such an argument.
I feel like XXX is Nintendo in this situation.
Answered on Dec 06th, 2013 at 10:17 AM