Copyright Fair use question for copyrighted names, images, and audio.

[Michael1967]

Hello,

I am thinking about developing a trivia app game to upload to the Apple App store. One of the features of my trivia App will be for users to choose different "question packs" with various topics. I am planning on having the usual subjects covered like General Knowledge, Science, History, etc. But I also want to include question packs about pop culture and specific franchises like "Star Wars", "80's Music", "TV Shows", etc. Some of the questions will be video or audio related. For example, I want to play 4-5 seconds of an 80's song, and then the user has to choose who the singer was from the multiple choices. Or, show an image of Darth Vader from Star Wars, and the user has to guess the name of that character, etc.

I've asked this question to several people already, and no one seems to know for sure what the rules are. Some say that this might fall under "fair use", and it is okay to use. Others say that I will be violating copyrights and might get sued, etc.

Searching for this topic on the internet has also gave me mixed results. Again, different opinions from different people about what the laws are regarding this.

Another thing I should mention is the fact that there are numerous trivia apps already in the App Store that are showing copyrighted images, and playing copyrighted music as part of their questions. Some are blatantly open about it (like the Justin Bieber trivia App, or the 80's Music trivia app, etc). I doubt if they are authorized or are paying royalties to the music industry, etc.

My app will not be specializing on a specific subject (like "80's music", or "Star Trek", etc). But rather, the users will be able to load those specific subjects in the form of various "question packs" that I will make available.

So to summarize...will I be violating copyright laws by using a few seconds of a song to form questions, or an image from a famous movie, etc. Also, what about using just the names of famous characters like "Darth Vader" or "Captain Kirk"...are these names themselves illegal to use without permission?

Any advice and clarification would be very much appreciated.

Thank you.

 

[army judge]

Some questions are best answered with a maybe. The law is akin to a fluffy, white cloud in the blue sky on a warm July afternoon.

You look, and it resembles a duck. One hour later, you see a bear. A couple hours later, it's gone. You look again, and see an angel.

So it is with the law of patents, trademarks, and copyrights. The sands shift, the winds blow, there is much variability.

I would say you might be safe doing what you propose, but there's always a possibility of a lawsuit.

Before you place any product on the Apple Store, or Google Play for that matter, you'll have to satisfy them and abide by their rules.

You might wish to retain counsel to assist you through the initial set up stages. You're talking about a business, so you pay to protect your interests.


Sent from my iPad3 using Tapatalk HD

 

[Michael1967]

Thank you for that colorful and poetic response with the duck & bear clouds, and for stating the obvious. So I "might be safe", but there's a "possibility of a lawsuit" as well. And I should see a lawyer as well? Great advice...thank you.

By the way, we are not talking about a business. I'm not planning on developing apps as a business, just as a side hobby. Any money that the app generates will be going towards recouping the cost of development, not to try to get rich. 60% of apps don't make enough money to break even on the development cost.

Thank you for your time, and for that useful advice. I'll go see my lawyer now.