I know that real player names cannot be used in videogames unless the authorization (generally very expensive) has been given by the holders of the rights (players, teams etc.)
as explained here and here. There is a discussion here about possible sources that can be consulted in order to figure out whether you are infringing any copyright issue, but it does not say anything specific about my problem (at least as far as I understood it, given my poor comprehension and expertise on the matter).
my question is very simple: is there any rule that determines the amount of difference (in characters, sound, length, phonological features, whatever) from a real name to a fictitious (or fake) name in order for the latter to be considered really fake?
For example, if I created a football videogame in which there is a strong offensive midfielder that has Cristiano Ronaldo's features (with respect to characteristics, statistics etc. not physical appearance) how could I call this player to avoid copyright infringement?
Cristian Ronald? Cristo Romaldi? Christiano Ronnaldo?
there was a famous release of ISS PRO (football game) employing fake names - here's the list - that were very similar to real ones.
Is there a specific rule/law that says which is good and which is not?
Answer
I'm not a lawyer, this is not a legal advice site, this opinion is offered as is. You should consult with a lawyer to have a definitive answer.
There are no specific rules that govern this.
The ultimate decision will be done by a judge in a court.
But you will not be able to get to that point.
What's most likely to happen is that the FIFA's legal team will send you a letter asking you to do whatever they want (it can range from a smooth 'change the names', to 'take down your game from the stores and give us all money made from it', to 'cease all game creation activities', etc).
They can send you that letter because you don't have money to defend against it in court. This would have cost them only 1000$, but it will be enough to scare you. Legal battles can be long and extremely expensive. They'll assume you don't want to go that path because they have more money that you do to prove them they're wrong.
In any case, it can cost you a lot of money, either in lawyer fees to defend yourself in court, or in money you'd have to pay them as 'compensations'.
I'd create original characters and not get inspired by real players.
No comments:
Post a Comment