Celebrity CGI in games - is it legal?

Lalalp

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Apr 19, 2018
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I'm just wandering if it is safe to use celebrity look-alike DAZ characters in games with sex scenes?
 

DarthSeduction

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I do think it has a queestionable legal status. You've read the disclaimers before things that say "These are fictional characters, any similarities to any real person are purely coincidental" or whatever, right? Those at the very least exist to avoid slander/libel accusations if not more. I do know that in the US you've got to be 100% sure that a character based on a real person who is underage isn't represented in a sexual way, as that is one of the few parts of the anti-loli/shota bill that the Supreme Court didn't shut down.

Personally, outside of parodies of things, like in the case of GoT based games, I think it's problematic. I don't like exploitation, and I feel like a direct representation of a celebrity is exploiting their image. Unless they consent to it I feel like you're doing something that could cause them pain. That's wrong to me.
 

Agent HK47

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I don't see how it could be illegal, since it is not really that person. Whether it is ethical or not, that is probably another discussion. Personally, I don't see any reason why people would mind, since it is all CGi, and shouldn't affect the person who is the "inspiration" for this.

That is just me though.
 

uradamus

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Using a celebrity's name or likeness without their permission definitely is something you can get in trouble for. Doesn't even have to be looks, as an example Tom Waits is notoriously against his work being used in commercials. But that hasn't stopped some unscrupulous advertisers from hiring singers who sound like him to sing for their commercials in hopes of tricking people into believing it was Waits himself. He's successfully won at least 2 such cases from what I can recall.

 
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crugh2112

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Using a celebrity's name or likeness without their permission definitely is something you can get in trouble for. Doesn't even have to be looks, as an example Tom Waits is notoriously against his work being used in commercials. But that hasn't stopped some unscrupulous advertisers from hiring singers who sound like him to sing for their commercials in hopes of tricking people into believing it was Waits himself. He's successfully won at least 2 such cases from what I can recall.

Yep, that drag queen that sounds just like him in Athens, GA ran into trouble. But I have to say, the parody Christmas tune, "Christmas Sucks" is pure gold. It is him with a Peter Murphy parodist. Opal Foxx I think is his name.
 
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9thCrux

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That is dangerous ground you're stepping on, many celebrities trade with their image; their looks and public personality, also in many cases they have a big company behind them is not just a given actor or actress. A big studio can be the one creating the celebrity's public image.

I guess some people could see it as some form of publicity, like someone making a porn game about Aquaman's mother, and then have some people go and get or watch the new Aquaman movie out of curiosity from the porn game.

Other celebrities wouldn't be happy about it, like the demented Ellen Page:




Some would consider it bad publicity giving the context you would use their image for, and could think you're discrediting or tainting them with the kind of game you throwing them in.

Fans could get angry and get to you by their own means, like a Harry Potter fan getting horrified and furious by some amateur developer making porn games using Herminone's look in her teen years.
Others would think is lazy and parasitic to exploit a know character's image instead of creating your own.

I would say that if you use a celebrity looks it would be wise to be prepared for some backslash.
 

polywog

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I'm just wandering if it is safe to use celebrity look-alike DAZ characters in games with sex scenes?
You'll notice that most of the creators don't use the celebrity's name, that might not be safe, to do that directly, intentionally.

But as you said, a look-alike, a totally different person who just happens to look like someone else. What are they going to do sue them for being born.

Unnecessary Censorship.png
 

obibobi

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Personally, outside of parodies of things, like in the case of GoT based games, I think it's problematic. I don't like exploitation, and I feel like a direct representation of a celebrity is exploiting their image. Unless they consent to it I feel like you're doing something that could cause them pain. That's wrong to me.
You're right that it hurts them but in when it come's to actors or models, they're already selling their image and put themselves forward to be potentially hurt.

If a comment on some random womans appearance in a harsh manner I'm scum, if I comment on an actresses appearance in a harsh manner that's reasonable, the actress is trying to sell it, it will still be personal, it's her appearance after all but at the same time it's a product to be praised or bashed.
 

DarthSeduction

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You're right that it hurts them but in when it come's to actors or models, they're already selling their image and put themselves forward to be potentially hurt.
This is a convenient justification. Being a celebrity is not an invitation to misuse someone's image. In fact, in recognition of this some countries, like France, actually have strict laws against things like Paparazzi, which allow celebrities to live much more private and unexploited lives.

Fame is not an excuse to ignore someone's right to privacy or expectation of having their image respected. That our culture seems to think otherwise is not a moral observation, but an insistence of the forces which profit from this scenario.
 

obibobi

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This is a convenient justification. Being a celebrity is not an invitation to misuse someone's image. In fact, in recognition of this some countries, like France, actually have strict laws against things like Paparazzi, which allow celebrities to live much more private and unexploited lives.

Fame is not an excuse to ignore someone's right to privacy or expectation of having their image respected. That our culture seems to think otherwise is not a moral observation, but an insistence of the forces which profit from this scenario.
You're talking about something unrelated, that's photographers hounding someone in the flesh.

We are strictly talking about an image that they've chosen to market and sell like a product.

Of course like any brand there is legal issues and I am not trying to be cold but if the issue was whether they would be hurt, which isn't relevant when the product is what you look like. If I say an actress is not good enough looking for a role, I am not trying to be malicious.
 

おい!

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So a depiction of a celeb being shagged in a made for profit porn game without their permission, being legal?
Good luck on that one even with a disclaimer.
 
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polywog

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You can search to see if a celeb has done nude scenes or appeared naked before.


and you can search celebrity fakes. If there are no fakes of a celebrity, they probably did a cease and desist
 
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baneini

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You'd think since politicians get parodied 24/7 in cartoons that its just accepted as part of freedom of speech.
Is there a difference between parodying a celeb depending on their profession?
 

anne O'nymous

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Other celebrities wouldn't be happy about it, like the demented Ellen Page:


That's something different. Here the problem is not directly the likeness, but the agenda collision. She was staring in a game, and in the same time a game had a character that looked like her. It's a situation that can lead to confusion for customers in the same way that when a new product voluntarily looks like a well know one, with the obvious intend to be bought in place of it.
This said, there were no legal actions, just some disliking coming from a game studio ; just enough for some free ads. But it's a case that also should be took in count. While it's unlikely that a celebrity will feature in an adult game, the game can come at a time where the said celebrity's agenda made him/her more likely to take actions.
Also note that it's not always a question of illegality. A celebrity can spend some money on a legal action that have almost no chance to succeed, just to force an indie studio/author to step back. For her/him, it would cost one week of income, for the studio/author, it would be there lifetime incomes ; so they cancel the project.
 
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おい!

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why do you even care if it legal or not ??

incest,lolis,rape all of them illegal and yet people still like it and play it

people like what is illegal
Well what if a dev covered all those 3 using Will Smith raping Willow Smith as a loli, would you think that there was nothing illegal in that?
Do you think that Will or Willow would not have a case in court?
BTW virtual incest, lolis and rape are not illegal everywhere.
 
Sep 10, 2018
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Not sure on legal status in each country but you'd never get sued or charged with anything. Not worth the money or effort by the police. Biggest danger is if it gains some traction patreon is liable to try stomp on your account especially in light of the recent deepfakes controversy. That being said though I've never seen anyone else try to do it so that might be a loophole in their rules through sheer lack of a need to enforce it. Best protection is to take the likeness and completely change the name/s. People who have an interest will know who it is supposed to be. Funny you should mention this I found a perfect replica of the actress Valorie Curry from Detroit: Become Human in the site's Daz Assets a few weeks back.