Is using others' IP for the content of a quiz game fair use?

[rrosai]

I tried to find this info, but searching for anything with the term "quiz" floods the results with "test your copyright IQ with this quiz!" and whatnot.

If I wanted to make let's say a board game about let's say the history of cartoons, and I put little pictures of let's say Mickey Mouse and Popeye and the like on the cards with questions about who the mouse and guy are, is this fair use?

And if not, what if I changed the game so that I heavily pixellated or blurred the images so that you could barely make them out but they would still aid in the questions?

Of course this would be a stupid game and I'm simplifying for the sake of the question.

Obviously I can't get the rights to the images, so if it's not protected use I would have to make it a wholly text based game, which would make it less interesting, but better than the idiot move of making a game without even knowing if it's legal to distribute.

Thanks!

 

[quincy]

Actually, I don't think the game idea you expressed here is a dumb idea at all. I can see such a game being marketed successfully, especially to young children.

That said, you can use trademarked names in a descriptive sense without infringing on trademark rights and you can use facts without infringing on copyrights, but the use of logos can be trickier and the use of images can be trickier. For these, you would want to seek out permission from the rights holders, to avoid any lawsuit.

And you would need to avoid using the trademarks in the advertising and promotion of your game, again unless you have permission to use them in this manner. You need to avoid all consumer confusion as to the origin, sponsorship or endorsement of your product.

I suggest you have your game idea reviewed by an IP professional in your area, before investing too much time and energy (and money) into implementing your plans.

Good luck.