HTML Heroine Addict [v0.2] [Affogado]

[Affogado]

So, this games appears to be set in marvel universe instead of a generic "legally distinct original clone".
Additionally, this disclaimer is probably shooting itself in the foot and was clearly not written with the advice of any lawyer.

Instead of claiming to be PARODY which is legally protected.
It claims to be ENTERTAINMENT which is NOT legally protected.
Dev might be setting himself up to get raped by Disney.

I will be honest with you: I did not pay to consult with an IP lawyer before making this fan game. I went to the internet and grabbed some fanfiction boilerplate and slapped it on, knowing full well it wouldn't do anything to protect me.

Time to rant about fair use and IP laws:

The only protection for a fanwork is obscurity. A company will generally* only go after fanworks if their legal team thinks it's worth it - i.e. they can prove damages to the brand's revenue, or there are profits to claim. This is a noncommercial game that isn't even tied to any patreon as a "tip jar." There are no profits gained from the use of the IP.

A fair use parody defense would require a judge to decide that the work had an element of social commentary; sadly "what if these characters fuuuuuuuuuucked?" is a little thin to hang my hopes on. I could call the game a sandwich for all the legal protection it offers me.

The only possible good the disclaimer really does me is provide an ounce of trademark infringement protection; I am clearly asserting that I do not own the trademarked names involved. That's not really reason enough to keep it around... it doesn't do any harm (the game is done the instant anyone at Disney considers paying their legal team billable hours to send me a C&D), but it doesn't help.

*Nintendo is an exception. They'll go after anything for any reason. Disney has been dealing with fanworks and infringement since the very beginning, and are comparatively mellow.

 

[harem.king]

A fair use parody defense would require a judge to decide that the work had an element of social commentary; sadly "what if these characters fuuuuuuuuuucked?" is a little thin to hang my hopes on.

Technically, a parody does not have to be political.
It can just mock the original content.

Thus "what if they fucked" porn parodies.
Fair enough about the obscurity thing. And avoiding nintendo.

 

[Affogado]

Technically, a parody does not have to be political.
It can just mock the original content.

I'm speaking specifically in a legal context, but you are correct in that it doesn't have to be political, it just has to have criticism or commentary. The mockery needs to meet a certain threshold; it has to be *saying* something about the original. This is intentionally vague enough that in practice it's up to the judge to weigh "is the creator trying to say something here" vs "is the creator just trying to make a quick buck."

 

[harem.king]

I'm speaking specifically in a legal context, but you are correct in that it doesn't have to be political, it just has to have criticism or commentary. The mockery needs to meet a certain threshold; it has to be *saying* something about the original. This is intentionally vague enough that in practice it's up to the judge to weigh "is the creator trying to say something here" vs "is the creator just trying to make a quick buck."

I mean, in the united states they literally have companies that routinely release
"[original movie name] XXX - A porn parody"
Like, on the day that "The Dark Knight Rises" was released, a company specializing in "porn parodies" released "The Dark Knight XXX - a porn parody".
It was literally just "the same, but they fuck".

You must be registered to see the links

The USA loves porn.

 

[Sergellato]

Online version please

 

[Affogado]

Online version please

I got you:

You must be registered to see the links

 

[Sergellato]

I got you:

You must be registered to see the links

Good guy

 

[allofthequestionable]

I mean, in the united states they literally have companies that routinely release
"[original movie name] XXX - A porn parody"
Like, on the day that "The Dark Knight Rises" was released, a company specializing in "porn parodies" released "The Dark Knight XXX - a porn parody".
It was literally just "the same, but they fuck".

You must be registered to see the links

The USA loves porn.

you clearly didn't read your source all the way through.


"But none of this is to say that porn parodies have a free ride. In truth, they simply haven’t been challenged and, with the very fact-specific nature of fair use, there’s still a great deal of legal risk."

even your source says there is no way to know if they are actually protected. just that the legal system is complicated enough not to make it worth the effort in most cases. it also asserts that fact to be changing and a legal challenge to be overdue.

"However, there seems to be a growing sense of unease at the major studios over porn parodies. Not only are they becoming better-publicized, bigger-budgeted and more prominent, but, as with The Dark Knight XXX, they are sometimes being released at the same time as the original film rather than months or years later.

A challenge on this issue is overdue... and it may be coming sooner rather than later if these tensions continue."