Will I get in trouble for defamation

[StrangeQuark]

What is the name of your state? Nevada

I am creating a video game and I am thinking about naming it AssKlowns. It will show the likeness of famous (or not) politicians and media figures, and even use their names, so people playing the game will know who is being referred to as an ass clown. It will put people in a negative light, but there will be no false accusations.

 

[Ohiogal]

What is the name of your state? Nevada

I am creating a video game and I am thinking about naming it AssKlowns. It will show the likeness of famous (or not) politicians and media figures, and even use their names, so people playing the game will know who is being referred to as an ass clown. It will put people in a negative light, but there will be no false accusations.

Expect to get sued. You would be profiting off of people's likenesses.

 

[quincy]

What is the name of your state? Nevada

I am creating a video game and I am thinking about naming it AssKlowns. It will show the likeness of famous (or not) politicians and media figures, and even use their names, so people playing the game will know who is being referred to as an ass clown. It will put people in a negative light, but there will be no false accusations.

I suggest changing the name of the game, first of all. It’s not very clever and is apt to drive some consumers away from your product.

Unless you are the photographer/artist who has created the likenesses of the famous people, you do not own the copyrights in the images and, therefore, cannot use them for your video game without permission from the copyright holders. Permission generally is granted in the form of a license, which may or may not cost money, and which may or may not have restrictions on how the image is used.

As for calling famous people derogatory names or making derogatory comments about them, you could do that. You must avoid making defamatory comments about anyone, though, because defamatory comments can get you sued. You need to learn well the line between derogatory and defamatory.

In addition, if you want to invest in creating a video game hoping to attract attention to it by using famous people’s names, there is yet another risk. People have both privacy rights and publicity rights, which allow them to control to a great extent how their personas (names, images, voices) are used in a commercial manner. Permission again will be needed to avoid a lawsuit.

There could also be trademark rights to consider. Many famous people have their names protected as trademarks for products or services they sell.

So ... you have intellectual property rights (copyrights, trademarks) and defamation laws and privacy rights and publicity rights to consider when trying to capitalize off the names and images of famous people. And you have your own trademark to tweak so you don’t repel consumers.

If you are still interested in creating this type of video game, I recommend you consult with an attorney in your area before you invest too much time and effort and money into it. And, going ahead, think about getting insurance coverage enough to cover lawsuits.

Good luck.

 

[zddoodah]

Not likely. Before you publish your game, you should have a lawyer review it and advise you about the risks.

 

[quincy]

Not likely. Before you publish your game, you should have a lawyer review it and advise you about the risks.

I disagree. The legal risks involved in a game of the nature proposed are very high.

 

[StrangeQuark]

Thanks very much everyone. I now think it seems like a bad idea, and I'll reconsider my strategy.

 

[quincy]

Thanks very much everyone. I now think it seems like a bad idea, and I'll reconsider my strategy.

Reconsidering your strategy sounds like a very good idea.

We appreciate the thanks so thank you.

 

[Jeembo941]

I suggest changing the name of the game, first of all. It’s not very clever and is apt to drive some consumers away from your product.


Unless you are the photographer/artist who has created the likenesses of the famous people, you do not own the copyrights in the images and, therefore, cannot use them for your video game without permission from the copyright holders. Permission generally is granted in the form of a license, which may or may not cost money, and which may or may not have restrictions on how the image is used.

As for calling famous people derogatory names or making derogatory comments about them, you could do that. You must avoid making defamatory comments about anyone, though, because defamatory comments can get you sued. You need to learn well the line between derogatory and defamatory.

In addition, if you want to invest in creating a video game hoping to attract attention to it by using famous people’s names, there is yet another risk. People have both privacy rights and publicity rights, which allow them to control to a great extent how their personas (names, images, voices) are used in a commercial manner. Permission again will be needed to avoid a lawsuit.

There could also be trademark rights to consider. Many famous people have their names protected as trademarks for products or services they sell.

So ... you have intellectual property rights (copyrights, trademarks) and defamation laws and privacy rights and publicity rights to consider when trying to capitalize off the names and images of famous people. And you have your own trademark to tweak so you don’t repel consumers.

If you are still interested in creating this type of video game, I recommend you consult with an attorney in your area before you invest too much time and effort and money into it. And, going ahead, think about getting insurance coverage enough to cover lawsuits.

I'm pretty sure a lot of brands don't even allow their products in the games most of the time, even if it's not in a "satire" way(a lot of light running shoes brands for example, i.e Nike, Adidas, etc) so I'd be caucious with that

Also to add to this - doubt many platforms would even accept this game to be listed due to obsene naming.

 

[quincy]

Also to add to this - doubt many platforms would even accept this game to be listed due to obsene naming.

I don’t think the name suggested by StrangeQuark is obscene but the name AssKlowns could limit the game’s customer base. In a competitive market like the video game market, most video game creators will want every customer they can get.

As a perhaps interesting aside, the word “assclown” became a rather common insult after it was used by the character Michael Bolton in the film Office Space to describe the singer Michael Bolton. “There was nothing wrong with [my name] until I was about 12 years old and that no-talent assclown became famous and started winning Grammys.”

Merriam-Webster defines assclown as a slang term for a socially inept or stupid person.

 

[zddoodah]

Also to add to this - doubt many platforms would even accept this game to be listed due to obsene naming.

Obscene?

 

[quincy]

Obscene?

In 1964, Supreme Court Justice Potter Stewart said of obscenity, “I know it when I see it.”

Unfortunately, that has proven to be an ineffective way to determine what is obscene and what is not. As society changes, so do societal norms.