Recommend
 
 Thumb up
 Hide
55 Posts
1 , 2 , 3  Next »   | 

BoardGameGeek» Forums » Board Game Design » Board Game Design

Subject: we are changing the art and names because of copyrights. Is this card safe? rss

Your Tags: Add tags
Popular Tags: [View All]
Rafael Gonzalez
Spain
Gameria
flag msg tools
designer
Avatar
mbmbmbmbmb
Hi,
We raised some copyright concerns with our game and we are working to change things.

This card raised a lot of concerns (now that I look back it seems obvious)


so we changed it for this one:


Do you feel it's safe, while the players still can grasp the reference?
 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Andy Szymas
United States
Seattle
Washington
flag msg tools
Avatar
mbmbmbmbmb
I'd probably recommend a lawyer rather than a random internet forum.
22 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Olivier D.
France
Brulain
Unspecified
flag msg tools
Avatar
mbmbmbmbmb
Balls of steal ?
8 
 Thumb up
0.25
 tip
 Hide
  • [+] Dice rolls
Rafael Gonzalez
Spain
Gameria
flag msg tools
designer
Avatar
mbmbmbmbmb
AndySzy wrote:
I'd probably recommend a lawyer rather than a random internet forum.


Yes, we consulted a lawyer. He told us to make an humorous parody, just using some elements of the original so our players can get the reference.
However, he also told us that this is a very subjective matter, so the more feedback we have, the better.
 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
maf man
United States
endeavor
Wisconsin
flag msg tools
mbmbmbmbmb
kebuenowilly wrote:
Yes, we consulted a lawyer. He told us to make an humorous parody

Is that what you want to do? Because it doesn't seem that way to me. The rest of the game might make it amusing but that card seems like its just trying too hard to make itself a reference and too much is lost.

why not try somethings bit more over the top like having the character running with an open red and white cardboard box above their head like they are about to slam it down to catch a mouse?
5 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Michael Knight
United States
Denver
Colorado
flag msg tools
designer
publisher
Avatar
mbmbmbmbmb
It does work but I think it will loose some of what you are going for, you could make the person throwing it wearing a outfit similar to a trainer or the call red and white. This still gets across what you are doing but doesn't break any copyright law.
1 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
John
United Kingdom
Southampton
flag msg tools
Avatar
mbmbmbmbmb
My first thought is that the posture person who has thrown the ball doesn't look at all natural. Her shoulders look like they are at an impossible angle to her hips. Compare to pictures of England Cricketers Tammy Beaumont and Lynda Greenway having thrown a ball (or other images of people who have just thrown a ball).

kebuenowilly wrote:
while the players still can grasp the reference?

It's difficult to know whether I'd have got the reference without you telling me (but it would need to be a very blatant reference for me to get it). The "Get'em all" would probably be enough though.

AndySzy wrote:
I'd probably recommend a lawyer rather than a random internet forum.

Quite.
 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
maf man
United States
endeavor
Wisconsin
flag msg tools
mbmbmbmbmb
zabdiel wrote:
My first thought is that the posture person who has thrown the ball doesn't look at all natural. Her shoulders look like they are at an impossible angle to her hips.

I think thats a underhand sideswipe kinda throw that they are trying to portray, like if your trying to skip a stone.
1 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Matt D
United States
Peachtree corners
Georgia
flag msg tools
badge
Avatar
mbmbmbmbmb
I think you are continuing to do yourself a disservice. You have posted before asking people on here (not lawyers) to weigh in on the copyrights and IPs you are trying to infringe on with your game. You have gotten mostly feedback telling you it's problematic. Including one actual lawyer giving you some free advice that you are treading in dangerous waters.

You're back posting again to get the opinion of people on here (still not lawyers) about another potential IP issue. This one concerns an IP that just put out a MASSIVE offering literally three days ago that is trending worldwide. The answer is at best still the same, at worst probably that you are more dangerous.

The worst part of what you are doing is that by continually soliciting opinions and providing evidence of your doubt as to the legitimacy of what you are making, you are laying the groundwork for the eventual and inevitable lawsuits and C&D that will be sent your way from multiple companies in multiple countries. You have removed the "I didn't know" defense, by plastering your attempts to figure out just how close you can get. And using people who have no basis for providing that information as your bell weather.

Are you still planning to state in your Kickstarter that you are reserving some of the KS funds to pay for your expected legal fees?
13 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Rafael Gonzalez
Spain
Gameria
flag msg tools
designer
Avatar
mbmbmbmbmb
Quote:
It does work but I think it will loose some of what you are going for, you could make the person throwing it wearing a outfit similar to a trainer or the call red and white. This still gets across what you are doing but doesn't break any copyright law.


Maybe a red and white hat?

Quote:
I'm not sure if the name matters as much as the image of the poke ball looks exactly the same as an actual poke ball.

Are you talking about the first or the second one? The first one has been discarded.

 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Rafael Gonzalez
Spain
Gameria
flag msg tools
designer
Avatar
mbmbmbmbmb
Hi Matt,

Quote:
you are trying to infringe on with your game

We are trying the opposite, to create a parody game that falls under fair use. As a subjective matter, we try to get as many feedback as possible.

Quote:
Are you still planning to state in your Kickstarter that you are reserving some of the KS funds to pay for your expected legal fees?

After talking with a lawyer, we are considering 2 options:
1) Save some funds for legal fees
2) Release the game in Europe. This is helpful, because in case of lawsuit, we could get free lawyer and legal counselor. Our backers in US would receive the game as an import




We haven't made a decision yet, but second one makes more sense. We will do another legal consulting after we think our game is ready. If the lawyer is confident that we can publish without risk, we will go through.

Quote:
The worst part of what you are doing is that by continually soliciting opinions and providing evidence of your doubt as to the legitimacy of what you are making, you are laying the groundwork for the eventual and inevitable lawsuits

Since when asking opinions to make the necessary changes on my game to be safe is an evidence of illegal activity?
It's not, our lawyer said that in fact it will play in our favour.

Quote:
This one concerns an IP that just put out a MASSIVE offering literally three days ago that is trending worldwide

Sorry, I don't know what you are referring to. Can you please provide a link?

I know you are very concerned about our project, and we appreciate your feedback and opinion, so I would like to ensure you that we will not launch the Kickstarter until we are sure it will be safe. That's the reason we are working hard and changing everything. We are not in a hurry, so you will have time to see our project evolve, and I hope that shows you our good will.
Thanks

 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Matt D
United States
Peachtree corners
Georgia
flag msg tools
badge
Avatar
mbmbmbmbmb
Standard disclaimer: I am not a lawyer.

1. I am not sure that releasing in Europe protects you against US-based companies protecting their IPs just because you are labeling your game as an "import" to the U.S.

2. IANAL, but I am pretty sure that if you were sued and it went to trial, opposing counsel could bring up your public discussion of the game's development of the game as evidence. This would demonstrate that you were aware of the potential legal issues you would face with the game, and yet you continued to push forward. That, at least to me, sounds like it would be harmful to your case.

3. In case you were not aware (i don't believe it has released to the European App Store yet), but Pokémon GO is currently the top downloaded game in the U.S. App Store, and I would assume also towards the top in Aus/NZ. It is rolling out worldwide. So it is the very opposite of a "dormant" IP, and this new release is getting tons of media coverage. This might make for a troublesome atmosphere for your game if you "parody" this IP.

4. Finally, there was some discussion on the last thread about what actually constitutes parody with regards to fair use. Have you specifically discussed those limitations with your lawyer? They are tricky and probably are more relevant to you than guessing what jurisdictions have power over your eventual release...
7 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Freelance Police
United States
Palo Alto
California
flag msg tools
designer
Avatar
mbmbmbmbmb
kebuenowilly wrote:
2) Release the game in Europe. This is helpful, because in case of lawsuit, we could get free lawyer and legal counselor. Our backers in US would receive the game as an import


Publishers still believe this???

Wade through the GameZone HeroQuest 25th edition forum about this issue. It pretty much boils down to that import laws do *not* protect you against this IP. It protects against others.

You can have all the free counseling you want, but all that time you're going to use up with your lawyer's gonna delay your project, and *that* is what is going to cost you money. What are you going to do when KS pulls your project because of an IP dispute and your free lawyer says, "I'll get back to you on that"?

KS backers are *very* protective about Nintendo's IP. I've seen at least two Nintendo-IP projects pulled on KS. No idea about other crowdfunding sites.

I also don't know how European courts work. In the USA, the way the court system works is that the guy with the most money wins.

Still, there *are* boardgame versions that essentially copy other IP. I know of a disc-based deckbuilder which is based on a "fighter puzzle" game. Videogames constantly have "spiritual successors" which have the same design team, but couldn't obtain the IP rights. SJG's Dino Hunt has you capturing dinos to put into your own dinosaur parks. There's two IP's right there!
6 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Maarten D. de Jong
Netherlands
Zaandam
flag msg tools
badge
Avatar
This isn't a parody. Parodies are about (extreme) exxageration, (outrageous) opposites, and at times (flawless) imitation but then in unusual cirumstances. I remember a case from Dutch law where the iconic children's favourite Miffy (Nijntje in Dutch) was parodied by a little rabbit as high as a kite. (The word 'Lijntje' is a play on words: 'lijntje' is what a line of coke is called in Dutch, and it rhymes with 'Nijntje'.) The judge ruled in favour of the parody at the time, because it was 'obvious' that the art style, the depicted setting, and the accompanying text were contrary to anything Miffy would be normally associated with.

IANAL yaddayaddayadda... but a parody of the Pokémon ball is not throwing a ball with spikes, that's just ripping off the IP. It would be, for example, a ballerina using a grand jeté to throw things into a garbage can in Pokémon colours using the slogan 'Grand Jète-Les Tous!' (French jeter also means 'to discard'). Or an uptight butler carefully polishing glassware using a Pokémon-coloured cloth with text 'Jeeves Is Endeavouring To Polish Them All To A Shiny Luster, Sir. Would That Be All?'. If you venture into politically incorrect country, you can think of many more examples.

The fact that you at first copied over the Pokémon ball, then called the ball with spikes a parody, shows that you don't really know what you're dealing with. My advice: stop the project, or hire a competent lawyer who can hammer out a (costly!) deal with Nintendo for proper licensing—assuming Nintendo would want to license the Pokémon IP in the first place.
14 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
John
United Kingdom
Southampton
flag msg tools
Avatar
mbmbmbmbmb
mafman6 wrote:
zabdiel wrote:
My first thought is that the posture person who has thrown the ball doesn't look at all natural. Her shoulders look like they are at an impossible angle to her hips.

I think thats a underhand sideswipe kinda throw that they are trying to portray, like if your trying to skip a stone.

Oh, probably. The arms are right for that. It still looks like she is twisted at an unnatural angle though. A quick google search for pictures of people skipping stones doesn't help much since all the photos are from behind for obvious reasons.
1 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Rafael Gonzalez
Spain
Gameria
flag msg tools
designer
Avatar
mbmbmbmbmb
Hi Matt,

Quote:
1. I am not sure that releasing in Europe protects you against US-based companies protecting their IPs just because you are labeling your game as an "import" to the U.S.

My point is that being in Europe, there won't be any legal expenses to cover, as it would be in US. That's why we think it would be much more wise to publish here.

Quote:
2. IANAL, but I am pretty sure that if you were sued and it went to trial, opposing counsel could bring up your public discussion of the game's development of the game as evidence. This would demonstrate that you were aware of the potential legal issues you would face with the game, and yet you continued to push forward. That, at least to me, sounds like it would be harmful to your case.

We got direct feedback on this subject from our lawyer: Being aware of the law and changing your project to abide it will help in your defense.

Quote:
3. In case you were not aware (i don't believe it has released to the European App Store yet), but Pokémon GO is currently the top downloaded game in the U.S. App Store, and I would assume also towards the top in Aus/NZ. It is rolling out worldwide. So it is the very opposite of a "dormant" IP, and this new release is getting tons of media coverage. This might make for a troublesome atmosphere for your game if you "parody" this IP.

This might actually be helpful. Famous parody creators like Weird Al Yankovic release their work when the originals are at their popularity peak.

Quote:
4. Finally, there was some discussion on the last thread about what actually constitutes parody with regards to fair use. Have you specifically discussed those limitations with your lawyer? They are tricky and probably are more relevant to you than guessing what jurisdictions have power over your eventual release...

Yes, and as you point, the subject is tricky. His advice was to change the art keeping as little elements of the original and make it humorous. Also to ask for as much feedback as we can. That will constitute a proof of good will. As a subjective matter, that might tide the balance in our favour. Also, he recommend us to publish here, as in the event of a suing, we won't have to pay a dime.

To summarize it, our main concerns where 2:

1) Copyright infringement Solution: Make it a parody (we are still working on that, as we need to change many artworks and script)

2) Legal expenses: Solution: 2 IP consultations with a lawyer before the campaign (we did 1, will do the second one before launching) and to publish on EU (no legal fees)

I was very relieved after the meeting with our lawyer, despite that it means we need to redo a lot of work. I hope this helps a little bit with your concerns


 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Rafael Gonzalez
Spain
Gameria
flag msg tools
designer
Avatar
mbmbmbmbmb
cymric wrote:

The fact that you at first copied over the Pokémon ball, then called the ball with spikes a parody, shows that you don't really know what you're dealing with. My advice: stop the project, or hire a competent lawyer who can hammer out a (costly!) deal with Nintendo for proper licensing—assuming Nintendo would want to license the Pokémon IP in the first place.

Thanks for your advice, but as you pointed out you are not a lawyer, and in this subject I have the feedback from a real one.

Quote:
This isn't a parody. Parodies are about (extreme) exxageration, (outrageous) opposites, and at times (flawless) imitation but then in unusual cirumstances. I remember a case from Dutch law where the iconic children's favourite Miffy (Nijntje in Dutch) was parodied by a little rabbit as high as a kite. (The word 'Lijntje' is a play on words: 'lijntje' is what a line of coke is called in Dutch, and it rhymes with 'Nijntje'.) The judge ruled in favour of the parody at the time, because it was 'obvious' that the art style, the depicted setting, and the accompanying text were contrary to anything Miffy would be normally associated with.

IANAL yaddayaddayadda... but a parody of the Pokémon ball is not throwing a ball with spikes, that's just ripping off the IP. It would be, for example, a ballerina using a grand jeté to throw things into a garbage can in Pokémon colours using the slogan 'Grand Jète-Les Tous!' (French jeter also means 'to discard'). Or an uptight butler carefully polishing glassware using a Pokémon-coloured cloth with text 'Jeeves Is Endeavouring To Polish Them All To A Shiny Luster, Sir. Would That Be All?'. If you venture into politically incorrect country, you can think of many more examples.

As you said, parody is about exaggeration, but also imitation. While your suggestions are very humorous they are not exaggerating any aspect of Pokemon or Pokeballs. Our parody exaggerates the violence of pokemon in a humorous way while it imitates some of it's traits.
 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Ireland
flag msg tools
badge
Penny of king Sigtrygg II Silkbeard of Dublin
Avatar
mbmbmbmbmb
As you are collecting non-expert opinions, here's mine. I don't see anything parodic in it, but I do see something very much like Jesse throwing a pokeball.
1 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Rafael Gonzalez
Spain
Gameria
flag msg tools
designer
Avatar
mbmbmbmbmb
Sam and Max wrote:
kebuenowilly wrote:
2) Release the game in Europe. This is helpful, because in case of lawsuit, we could get free lawyer and legal counselor. Our backers in US would receive the game as an import


Publishers still believe this???

Wade through the GameZone HeroQuest 25th edition forum about this issue. It pretty much boils down to that import laws do *not* protect you against this IP. It protects against others.

You can have all the free counseling you want, but all that time you're going to use up with your lawyer's gonna delay your project, and *that* is what is going to cost you money. What are you going to do when KS pulls your project because of an IP dispute and your free lawyer says, "I'll get back to you on that"?

KS backers are *very* protective about Nintendo's IP. I've seen at least two Nintendo-IP projects pulled on KS. No idea about other crowdfunding sites.

I also don't know how European courts work. In the USA, the way the court system works is that the guy with the most money wins.

Still, there *are* boardgame versions that essentially copy other IP. I know of a disc-based deckbuilder which is based on a "fighter puzzle" game. Videogames constantly have "spiritual successors" which have the same design team, but couldn't obtain the IP rights. SJG's Dino Hunt has you capturing dinos to put into your own dinosaur parks. There's two IP's right there!


You mean this: https://boardgamegeek.com/boardgame/155250/heroquest-25th-an...
I'll take a look. It seems there is some problem with finance to create miniatures and the project creator isn't responding to the crowdfunding platform? Can you point me where are the issues with import?
That seemed like a cool project by the way.
Relevant:


We chose to publish the game in a country where legal fees won't take us down. In US, the richest one will win, as you pointed out, so we chose EU.

And as you said, there are many games that kind of get "inspiration" or make parody of other famous IP. There have been many Kickstarters that have done that too, directly involving video games, like Boss Monster or Hazard Quest, so I'm very confident that working hard on the art, there won't be any problem.
 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Matt D
United States
Peachtree corners
Georgia
flag msg tools
badge
Avatar
mbmbmbmbmb
kebuenowilly wrote:

My point is that being in Europe, there won't be any legal expenses to cover, as it would be in US. That's why we think it would be much more wise to publish here.


Is your lawyer suggesting that by publishing in Europe, you are immune to being sued by IP holders based in the US? I'm not really sure this is correct...

15 seconds of googling brought me to:

http://www.uspto.gov/patents-getting-started/international-p...

Again, IANAL but I assume that the US Patent and Trademark Office website has accurate information. It would appear to me that some treaties have made it very easy for a company based in one country to protect their IP in other countries. So I think assuming that a US-based company wouldn't have taken the time to protect their IP in Europe would be a bad assumption to make.

FYI, Nintendo's website specifically discusses its protocols with regards to the Electronic Commerce Directive (2000/31/EC) in the EU. So, uh, I think they know about it?

kebuenowilly wrote:

Quote:
2. IANAL, but I am pretty sure that if you were sued and it went to trial, opposing counsel could bring up your public discussion of the game's development of the game as evidence. This would demonstrate that you were aware of the potential legal issues you would face with the game, and yet you continued to push forward. That, at least to me, sounds like it would be harmful to your case.

We got direct feedback on this subject from our lawyer: Being aware of the law and changing your project to abide it will help in your defense.


You are assuming that you have changed your project enough to qualify with the law. It is the contention of several (myself included) that you have NOT changed your project enough, and in fact your defense appears to be more of a "neener neener, I'm in Europe so you can't get me". In this case, I would daresay that being AWARE that your project needs changes and then NOT changing it sufficiently is probably more problematic than helpful. Courts don't usually give people credit for "trying but not quite getting to be legal". Especially when there is significant evidence that many, many people told them they were not doing enough, and they decided to ignore them.

kebuenowilly wrote:

Quote:
3. In case you were not aware (i don't believe it has released to the European App Store yet), but Pokémon GO is currently the top downloaded game in the U.S. App Store, and I would assume also towards the top in Aus/NZ. It is rolling out worldwide. So it is the very opposite of a "dormant" IP, and this new release is getting tons of media coverage. This might make for a troublesome atmosphere for your game if you "parody" this IP.

This might actually be helpful. Famous parody creators like Weird Al Yankovic release their work when the originals are at their popularity peak.
[q/]

You are aware, are you not, that Weird Al pays royalties to all of the owners of the rights to the originals that he parodies? In fact, some artists have made more money from the royalties earned by the Weird Al parodies than by the original songs.

Are you planning to pay Nintendo a royalty for a part of the profits earned by your game making use of their IP? If not, I am not sure this comparison is relevant.

And helpful how? Like, helpful to your pockets by ripping off something at the height of its popularity? I mean, sure, Game of Thrones ripoffs are making way more money now than they did 15 years ago when it was just a book, and I doubt you can make much money today off of a Macarena ripoff.

As far as being helpful to your legal case, I doubt it. The point I was making is that when an IP ramps up awareness (like Pokemon is now), the companies that own those IPs know that IP infringements will ramp up as well. So I am sure that their IP lawyers have prepared and are well rest and ready to work. That is the point that *I* was making.

[q="kebuenowilly"]
Quote:
4. Finally, there was some discussion on the last thread about what actually constitutes parody with regards to fair use. Have you specifically discussed those limitations with your lawyer? They are tricky and probably are more relevant to you than guessing what jurisdictions have power over your eventual release...

Yes, and as you point, the subject is tricky. His advice was to change the art keeping as little elements of the original and make it humorous. Also to ask for as much feedback as we can. That will constitute a proof of good will. As a subjective matter, that might tide the balance in our favour. Also, he recommend us to publish here, as in the event of a suing, we won't have to pay a dime.


So, getting feedback here, from folks with NO vested interest in the IP, will constitute proof of good will? I doubt that. I suspect that to prove good will you would need to approach the folks who OWN the IP. THAT would establish good will. Talking to people here is just a way of trying to make yourself feel good, because frankly in the court of law none of us matter.

Nevermind the fact that pretty much everyone is telling you you are wrong. Soliciting opinion and then ignoring it entirely doesn't demonstrate good will in any sense.

kebuenowilly wrote:

To summarize it, our main concerns where 2:

1) Copyright infringement Solution: Make it a parody (we are still working on that, as we need to change many artworks and script)

2) Legal expenses: Solution: 2 IP consultations with a lawyer before the campaign (we did 1, will do the second one before launching) and to publish on EU (no legal fees)

I was very relieved after the meeting with our lawyer, despite that it means we need to redo a lot of work. I hope this helps a little bit with your concerns


You also still have yet to answer my question from my first post in this thread:

Do you still plan to advise your potential KS backers that you intend to use part of their KS funding of your project to pay for your anticipated legal fees?
2 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Rafael Gonzalez
Spain
Gameria
flag msg tools
designer
Avatar
mbmbmbmbmb
ConG wrote:
As you are collecting non-expert opinions, here's mine. I don't see anything parodic in it, but I do see something very much like Jesse throwing a pokeball.

Thanks! Jessie was indeed an inspiration for the artwork. What would you suggest to make it more parodic?
 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Maarten D. de Jong
Netherlands
Zaandam
flag msg tools
badge
Avatar
kebuenowilly wrote:
Thanks for your advice, but as you pointed out you are not a lawyer, and in this subject I have the feedback from a real one.

So why are you soliciting opinion from gamers then? Either you trust your lawyer, or you don't. If you don't, hire someone else. If you still don't, raise more capital to cover your ass if things go awry, or call off the project. Don't try milking us for useful tidbits, that's demeaning.

Quote:
As you said, parody is about exaggeration, but also imitation. While your suggestions are very humorous they are not exaggerating any aspect of Pokemon or Pokeballs. Our parody exaggerates the violence of pokemon in a humorous way while it imitates some of it's traits.

They are very peaceful and homely suggestions, which is the opposite of what the combat-ridden Pokémon is about. That can be parody too.

And then you say that your cards exxagerate the violence of the brand? I did a quick search, and came up with this this scene. Frankly, the artwork you posted here looks like a stroll in the park. But hey, I'm not a lawyer, so what do I know.
3 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Ireland
flag msg tools
badge
Penny of king Sigtrygg II Silkbeard of Dublin
Avatar
mbmbmbmbmb
Personally, i would stay well away from the IP.

The only thing in Pokemon that I think worthy of parody is that it is about capturing animals and making them fight each other. In the real world, most of us find that sort of thing horrific, so people are locked up for running dogfights and cockfights. I don't think it is what you have in mind, but perhaps you should show Jessie getting 15 years hard labour for animal cruelty.

kebuenowilly wrote:
ConG wrote:
As you are collecting non-expert opinions, here's mine. I don't see anything parodic in it, but I do see something very much like Jesse throwing a pokeball.

Thanks! Jessie was indeed an inspiration for the artwork. What would you suggest to make it more parodic?
2 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
Matt D
United States
Peachtree corners
Georgia
flag msg tools
badge
Avatar
mbmbmbmbmb
ConG wrote:
Personally, i would stay well away from the IP.

The only thing in Pokemon that I think worthy of parody is that it is about capturing animals and making them fight each other. In the real world, most of us find that sort of thing horrific, so people are locked up for running dogfights and cockfights. I don't think it is what you have in mind, but perhaps you should show Jessie getting 15 years hard labour for animal cruelty.

kebuenowilly wrote:
ConG wrote:
As you are collecting non-expert opinions, here's mine. I don't see anything parodic in it, but I do see something very much like Jesse throwing a pokeball.

Thanks! Jessie was indeed an inspiration for the artwork. What would you suggest to make it more parodic?


This I think would successfully fit the definition of parody. It is a commentary on the original work, ie, "what the ramifications would be for a person who is actually enslaving small creatures to have them fight for the pleasure and sport of others".

I'm not sure what, if in any way, yours is a "commentary" on the prior work. I think it just exaggeration as a means of trying to make it look like it is slightly different so you don't get sued.

To give an example from US law, an attempt to imitiate the style of Dr. Seuss in a work about another topic was successfully sued because the work did not parody Dr. Seuss' work, but instead was just stealing its style for the purposes of discussing something else entirely.

I tend to think that your work falls more in the latter; you are still making a game about video game characters doing video game character things, and "borrowing" imagery from said video games. There's no commentary on the games themselves.

While I'm not a lawyer, to be honest it does not seem as if the one that you hired has much understanding of these topics either. Particularly if he/she is advising you that distribution in Europe automatically makes you immune to action from a US-based company.
3 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
maf man
United States
endeavor
Wisconsin
flag msg tools
mbmbmbmbmb
kebuenowilly wrote:
ConG wrote:
As you are collecting non-expert opinions, here's mine. I don't see anything parodic in it, but I do see something very much like Jesse throwing a pokeball.

Thanks! Jessie was indeed an inspiration for the artwork. What would you suggest to make it more parodic?

make the card funny on its own, not just the fact that your referencing something. Why are you bothering trying to make the ball a pokeball? what would be lost by making it a poke-cube? I'd find that more amusing as the fact that they are balls to begin with is called into question.
2 
 Thumb up
 tip
 Hide
  • [+] Dice rolls
1 , 2 , 3  Next »   | 
Front Page | Welcome | Contact | Privacy Policy | Terms of Service | Advertise | Support BGG | Feeds RSS
Geekdo, BoardGameGeek, the Geekdo logo, and the BoardGameGeek logo are trademarks of BoardGameGeek, LLC.