use of a character image

[cimerio]

Hello. I'm developing an application where players have some avatars standards. and could, in the vip plan, through a payment of a fee, gain access to other avatars.

My question is: these custom avatars, could be images of known characters, such as the mask of Jason vorhees, dirty harry, ford symbol or snoopy?
It would just be an avatar that identifies them in the profile image.

thanks

 

[quincy]

Hello. I'm developing an application where players have some avatars standards. and could, in the vip plan, through a payment of a fee, gain access to other avatars.

My question is: these custom avatars, could be images of known characters, such as the mask of Jason vorhees, dirty harry, ford symbol or snoopy?
It would just be an avatar that identifies them in the profile image.

thanks

What state are you in, cimerio, or, if not in the US, from what country are you posting?

You would need to obtain permission to use the trademarks and images of those you mentioned. They are all rights-protected.

 

[janiekwong]

You may be able to protect these images by way of both copyright and trademark, but copyright registration is usually the fastest and cheapest way to start.

 

[quincy]

You may be able to protect these images by way of both copyright and trademark, but copyright registration is usually the fastest and cheapest way to start.

What you wrote is not at all correct, janiekwong.

None of what cimerio wants to use can be protected by cimerio and registration is NOT the "fastest and cheapest way to start."

For copyrights, the rights are automatic upon creation of a work. Registration is not required.

For trademarks, the rights are gained in the US by the use of the mark in commerce as an identifier for goods or services. Trademarks cannot be federally registered until they are used.

For personality rights, those arise at birth and belong to each person individually. People own the rights in their own images. There is no registration (although a birth certificate, I suppose, works to establish rights).

All of what cimerio wants to use, in other words, have either copyright, trademark or personality rights held by others and he cannot use any of them without permission from the holder of those rights (with very few and limited exceptions).



(at least you did not revive an old thread this time ... I guess that is a plus)