Can I be sued if I create in a video game a 3D character like famous person ?

[kagacir]

Jurisdiction

Europe

Hi,

I am making a video game and I wanted to create 3D character like famous person in a way that this person is recognisable.

But can I be sued by this person ?

If I get its consent, how can I protect myself (in case he comes back on its descision after the release) ?

Can I sell this character (in game transaction) ? Are royalties mandatory or is it possible to negociate ?

 

[Zigner]

Sorry - this forum is for US law matters only.

 

[Tax Counsel]

Hi,

I am making a video game and I wanted to create 3D character like famous person in a way that this person is recognisable.

But can I be sued by this person ?

If I get its consent, how can I protect myself (in case he comes back on its descision after the release) ?

Can I sell this character (in game transaction) ? Are royalties mandatory or is it possible to negociate ?

You really need to discuss this with an attorney in the country or countries in which you plan to market this game. The US, Canada, the UK, and most countries of the Western EU protect to varying degrees a person's rights in his or her own image/likeness. So using a recognizable image of a famous person in your game without that person's express consent can indeed lead to you being successfully sued in many countries.

 

[zddoodah]

But can I be sued by this person ?

I assume it is as true in Europe as it is in the U.S. that anyone can sue anyone for anything. What I suspect you really want to know is if any lawsuit arising out of these facts would be successful.

In that regard, you might want to read about a lawsuit filed by a gentleman named Michael "Shagg" Washington against Rockstar Games, relating to the video game Grand Theft Auto: San Andreas. While Mr. Washington wasn't exactly a "famous person," he claimed some measure of celebrity and that the lead character in that game was based on him. Not surprisingly, he failed in the trial court and also failed in the appellate court. Also look into a case called Kirby v. Sega of America, in which a slightly more famous person filed a very similar lawsuit and, similarly, lost.

Obviously, you didn't (and shouldn't) identify the "famous person" at issue in your game, so I don't know if he/she even lives in the U.S., and that's very important because some of the principles on which the decisions in the Washington and Kirby cases were based would not be applicable outside the U.S. and, in fact, laws of European countries may be VERY different.

Regardless, doing what you propose without having it cleared by an attorney would be beyond foolish.