Video game trailer wrap

[graphix45]

I have a customer that is starting a video game trailer business and wants the trailer wrapped with images of popular game characters and logos. Just wondering what the deal is with copy wrights on something like this. I've seen pictures online of similar trailers with huge images of Mario, Spiderman, NFL & NBA players, Playstation, Wii & XBox logos. Any advise would be appreciated.

 

[rjssigns]

Don't do anything until you contact all the companies and get signed releases. I will guarantee you will never get a release from the NBA. Went through this a few years ago with the NBA and a bar owner wanting to do the March deal. Before we did anything my wife actually talked to the NBA lawyer that handles such things. He said no, they only have the graphics made through their licensed subs period.

 

[oksigns]

I have a customer that is starting a video game trailer business and wants the trailer wrapped with images of popular game characters and logos. Just wondering what the deal is with copy wrights on something like this. I've seen pictures online of similar trailers with huge images of Mario, Spiderman, NFL & NBA players, Playstation, Wii & XBox logos. Any advise would be appreciated.

You will most likely not get approval of this, especially from EA, and if you use anything under the Umbrella of Disney, it will only be a mater of time before the customer gets a letter.

 

[ams]

Very illegal to use and you could be sued by multiple companies. Check to see if the owner of the trailer already has permissions. In some cases if it's a franchise or corporate and have multiple ones, they already hold copyright permissions and you won't need it.

If he says he has permission, get proof first. I know you probably don't want to turn down such a big job, but it's better than a $100,000 lawsuit by multiple companies for multiple violations.

 

[2B]

this is a BIG RED FLAG!!!

If the customer claim they have permission, then you have them sign a waiver stating as such and in this waiver they are solely responsible for any legal ramifications

 

[graphix45]

Thanks for the advise. I really didn't want to do this job anyways due to the customer not being able to provide art work or any proof of rights to use such logos or characters.

 

[T_K]

We've found our way into a niche market with gamers, and we've really wanted to print some of the popular stuff to capitalize on this market. But licensing is a headache and takes a while.

You might be able to get all the permissions needed, but it will take a lot longer than you or your customer likely wants to deal with.

Definitely don't print anything you don't have permission to. I'm personally not sure if you as the printer can be liable for damages, but I know your customer would be. And the lawyers would probably go after you anyway, and cost you a lot in legal fees - even if only to prove you're not liable.

 

[ams]

this is a BIG RED FLAG!!!

If the customer claim they have permission, then you have them sign a waiver stating as such and in this waiver they are solely responsible for any legal ramifications

I have a hard time trusting waivers. Like AT&T wanted me to install a banner without a permit. I told them I need waiver to do it. However tha waiver shows that I willingly knew I was putting up an illegal sign and still did it. So even if it doesn't come back on me, I pissed off the county and they will watch me like a hawk and make things harder on me.

 

[2B]

I have a hard time trusting waivers. Like AT&T wanted me to install a banner without a permit. I told them I need waiver to do it. However tha waiver shows that I willingly knew I was putting up an illegal sign and still did it. So even if it doesn't come back on me, I pissed off the county and they will watch me like a hawk and make things harder on me.

yes it can be a double edge sword, we use the waiver only when the customer doesn't provide documentation of the intended use.

It comes down to word usage.
Such as

I XXXXXXXXXX have permission to use the following designs/artwork from XXXXXXXXX as such I am extending this permission to XXXXXXXX in order to design and produce product(s) to my approval.
If any legal situations arise from said product(s) / design that I commissioned, these legal issues are of my responsibility and my responsibility alone. XXXXXX cannot be held liable for any legal claims, and if so these legal claims will be handled by me in their entirety

Granted this is the condensed version but the gist is the same

 

[ams]

yes it can be a double edge sword, we use the waiver only when the customer doesn't provide documentation of the intended use.

It comes down to word usage.
Such as

I XXXXXXXXXX have permission to use the following designs/artwork from XXXXXXXXX as such I am extending this permission to XXXXXXXX in order to design and produce product(s) to my approval.
If any legal situations arise from said product(s) / design that I commissioned, these legal issues are of my responsibility and my responsibility alone. XXXXXX cannot be held liable for any legal claims, and if so these legal claims will be handled by me in their entirety

Granted this is the condensed version but the gist is the same

Blah all that lawyer crap gives me a headache.

 

[Pat Whatley]

Anybody EVER heard of anyone being sued over using swiped images from video games on a video game trailer? EVER?

Yes, I know it's illegal. I know the potential of being sued is there. I know you shouldn't do it. But does Nintendo have lawyers out there busting kids birthday parties?

 

[Dan360]

Anybody EVER heard of anyone being sued over using swiped images from video games on a video game trailer? EVER?

Yes, I know it's illegal. I know the potential of being sued is there. I know you shouldn't do it. But does Nintendo have lawyers out there busting kids birthday parties?

We had a local used game store using Mario as past of their branding, they ended up in a lawsuit and now use a vague pastiche of Mario. I'm sure it is very rare, but Nintendo is especially vigilante when it comes to using their content. I'm sure a lot of companies just don't care.

 

[T_K]

Anybody EVER heard of anyone being sued over using swiped images from video games on a video game trailer? EVER?

Yes, I know it's illegal. I know the potential of being sued is there. I know you shouldn't do it. But does Nintendo have lawyers out there busting kids birthday parties?

http://lmgtfy.com/?q=nintendo+copyright+lawsuit


Exhibit A:
http://www.nintendolife.com/news/20...right_infringement_demands_usd4000_in_damages

Exhibit B:
http://arstechnica.com/gaming/2016/...ight-claims-on-mario-themed-minecraft-videos/

C:
http://www.techtimes.com/articles/8...t-crackdown-is-destroying-entire-channels.htm

Etc., etc., etc.
https://www.techdirt.com/articles/2...-woman-making-pokemon-inspired-planters.shtml

 

[Durango]

Very illegal to use and you could be sued by multiple companies. Check to see if the owner of the trailer already has permissions. In some cases if it's a franchise or corporate and have multiple ones, they already hold copyright permissions and you won't need it. If he says he has permission, get proof first. I know you probably don't want to turn down such a big job, but it's better than a $100,000 lawsuit by multiple companies for multiple violations.

I think your advice is wise.

Was it difficult to get permission from Nintendo for the project you did in the attached photo?

 

[WildWestDesigns]

this is a BIG RED FLAG!!!

If the customer claim they have permission, then you have them sign a waiver stating as such and in this waiver they are solely responsible for any legal ramifications

Even if they did sign a waiver like that, I highly doubt someone that didn't have permission to use said logos in the first place can sign away the ability for the true owner to go after people that rip off their property. If they have legit permission, they don't have to sign a waiver in the first place, they have the contract/license that allows them to use it.



Odds maybe in "your" favor and "you" may never get caught, but for me, it wouldn't sit right. To each their own. I know I would probably be one of the small statistics that they do try to "make an example of".

 

[ams]

I think your advice is wise.

Was it difficult to get permission from Nintendo for the project you did in the attached photo?

I didn't build the controller, nor do any of the paint. Only the red letters. It was used as a showpiece and not something for sale or commercial use. Also Nintendo allows people to make it.

 

[Durango]

I didn't build the controller, nor do any of the paint. Only the red letters. It was used as a showpiece and not something for sale or commercial use. Also Nintendo allows people to make it.

Thanks for clarifying.

So the OP on this thread would have actually been in the clear and didn't need any formal approvals.

He really just needed to have the idea that video game companies would allow it, not necessarily in writing, and verify that the use of the trailer was only for show.

That controller looks really cool. It's pretty awesome that it actually works, also!

 

[WildWestDesigns]

I didn't build the controller, nor do any of the paint. Only the red letters. It was used as a showpiece and not something for sale or commercial use. Also Nintendo allows people to make it.

Are you sure about that?

Noticed the area highlighted. It mentions 3 things and it doesn't matter if all 3 are done, but any one of the 3 are done (hence the use of "or" in the listing).

 

[ams]

Are you sure about that?

Noticed the area highlighted. It mentions 3 things and it doesn't matter if all 3 are done, but any one of the 3 are done (hence the use of "or" in the listing).

That is a fine line. Since it's not really a physical product such as building and selling the controller, using controller parts, selling Nintendo decals, etc. It's only part of a Nintendo item and I designed it myself by doing the artwork, which in a sense is my copyrighted work, however it's a copyrighted work of a companys copyrighted work. So in court it could go either way and the fact that it's so tiny and was like $18 or something, Nintendo really isn't going to bother about.

However wrapping a trailer in video game logos and all, they will go after that and it's much more illegal on a bigger scale as you would be using whole images and not partial.

 

[WildWestDesigns]

That is a fine line. Since it's not really a physical product such as building and selling the controller, using controller parts, selling Nintendo decals, etc. It's only part of a Nintendo item and I designed it myself by doing the artwork, which in a sense is my copyrighted work, however it's a copyrighted work of a companys copyrighted work. So in court it could go either way and the fact that it's so tiny and was like $18 or something, Nintendo really isn't going to bother about.

However wrapping a trailer in video game logos and all, they will go after that and it's much more illegal on a bigger scale as you would be using whole images and not partial.

It doesn't have to be for sale. Remember, the statement has "or" not "and", so each item is actually a separate item and they don't have to be taken in as a whole. This was something that was "produced".

And it is a physical product. If it wasn't a physical product, then it wouldn't be able to work on an NES and actually control the games (according to the the attachment that I saw). I could somewhat see your point (albeit somewhat) if it didn't actually work in controlling the games, but it's ability to control games I think (in my non legal mind opinion mind you) that elevates just how far gone the reproduction has gone.

Also, I would be familiar with "contributory infringement" as well. That's actually going to be found in case law. You don't have to be the main infringing party, but rather or not your contribution was material enough for their infringement.

 

[Pat Whatley]

Hey TK, if you want to be a dick and post a LMGTFY link why don't you try to find an example that actually answers the question I asked? None of those links have a damn thing to do with video game trailers.