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James HancockFlag for United States of America

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For phone games, can my own sketches of a copyrighted image avoid my own downfall?

Hi
Is Taylor Swift a ruthless legal vulture with Indiana Jones - Temple of Doom fiery-ruby eyes?

just kidding :)

In my phone game, I'd like to have pics/icons of everyday objects (sketches) in scenes for a points collection aspect. (and for level advancements)

If I do my own black and white sketches from images I find of Taylor Swift, or Metallica or Jimi Hendrix, or even an elephant, television, car, or an outline of Bolivia, cobweb..

What legal nightmares might I be heading into? Are original outlines of copyrighted images, or close interpretations (my own outlines) of them a path to the guillotine?
Is there a good way in photoshop to generate an amazingly creative approximation of a picture?

For an elephant, I might want icons something like this :

User generated image
or of Jimi

User generated image
or Taylor

User generated image
Thanks
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dpearson

If you use somebody else's likeness (no matter who creates it - you or somebody else) in your product without their permission, they can come after you for that.    It's the fact that it's in a product (something you're looking to make even $1 from) that causes you to be in jeopardy.  That's the difference between you posting a selfie with Taylor on your instagram and you put that same selfie into your phone game.

But that's if you say "Taylor Swift" with an image you drew.  If you are using images that are similar, but not clearly identifiable as one person (i.e. it's a blond singer, but could be one of several people) then you should be fine because it's no longer an image of Taylor Swift.  But you're a good artist, so yours look pretty identifiable - which is a problem.  Even if you were walking a very careful line - close but not actually illegal, just being sued would cost you a fortune in legal fees, even if you won.  So don't push the envelope.

You can read more about the legal issue here:
http://www.dmlp.org/legal-guide/using-name-or-likeness-another

There's of course no problem using an image of an elephant or other objects as long as you created them.  If you're just applying a photoshop filter to somebody else's art - that's a different issue and again you can run into more trouble.  In that case you'd be violating copyright law, which is a whole different matter.

From a practical standpoint if your game doesn't do well nobody will care.  But if it actually takes off, it will show up on somebody's radar and eventually they'll come calling and you don't want that to happen.

Doug
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ASKER

Thanks

That link is quite an eye-opener. It's basically a - dont-even-bother notice for the likenesses of big names.
I'm curious, how much would it cost to acquire Taylor's likeness, or for that matter, Cristiano Ronaldo or Hillary Clinton?
It probably escalates with brand-name magnitude. The cost of high-profile people must be quite something. ( exactly like in advertising)

But,
If I were to use my own drawings of Winston Churchill or Babe Ruth or Charles Darwin, Shakespeare, Mona Lisa, the Sphinx, Venus de Milo, Nelson Mandela (deceased), Thomas Jefferson, would anyone care?
I suppose other things like the Golden Gate Bridge, Big Ben, Niagra Falls, Mount Rushmore, would fall into a scenery category and have no jeopardy associated w them?
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dpearson

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Scenery is totally fine.  As long as it's your art of that scenery.  Mount Rushmore, Big Ben all fair game.

If you create it yourself, yes. But if you reproduce someone else’s depiction, you would be liable to copyright infringement. That’s infringement of that person’s work - nothing to do with the subject itself.
Thanks