Legal Questions

Aezka

New Member
Sep 13, 2017
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Hello all,

I am curious on the legality of using a 3D model within a game that is based on and potrays a celebrity, specifically a visual novel game. I saw one other thread regarding this topic but would like a few more opinions.

Thank you!
 

Aezka

New Member
Sep 13, 2017
5
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Interesting read, thanks for sharing that. The risk of repercussions is not worth it, especially since I fall into one of the states that enforces the right of publicity.

Are there any games that DO currently use celebrity models?
 

NoesisAndNoema

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Game Developer
Oct 3, 2017
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680
Unless there is a real specific tell-tale sign that you are explicitly using some exact representation of an individual, then you should be safe. People don't own the light which reflects off of them, and that light has no real protections, unless it is explicitly copyrighted or gotten in privacy, without consent. You can photograph anyone in public, as all banks and gas-stations and police and new-crews and others do. You don't need explicit permissions to use those images, but anyone can attempt to raise hell if you do.

As for artistic representation which doesn't actually use the explicit images of an individual, but they represent them... There is legally nothing they can do. Just look at all the presidents parody images and memes and up-skirts shots. None of them have given permission to use any of the images and few even attempt to sue, because it is a losing battle.

Now, if you were doing something illegal, like making photo-ID's, or altering videos to make it look like a person was seriously doing something illegal, that is another can of worms that falls under other laws. But, games, in parody, as fiction... No worries, unless you piss-off the wrong person and they actually care, and have lots of powerful shady lawyers, and the judge is a deceptive celebrity-fan prick.

There is also a law that says, "in parody"... It falls under "Fair use".

Unless you are actually using the person's actual skin, body and personality, commercially, it will be a hard thing for them to actually win. People are 100% unique, but similar, as are 3D models. If it is a 2D "rendering", they have even less chance of proving any "human similarity".

Honestly, that bullshit law would stop a twin from acting, imitating the other twin. However, celebrities don't play "themselves", they are playing a "character", which is NOT a celebrity, but a fictitious work of art. However, if you are going to represent "John Doe" as "John Doe", and not the character he plays, "Bobby Redfield"... Then they literally have no case, as "Bobby Redfield", is not a celebrity, or a person with rights, and the "Celebrity", "John Doe", was playing the role of "Bobby Redfield", which includes wardrobe, makeup, mannerisms, fictitious lifestyle and other "non-human owned", potential attributes of the character.

What is it that you are attempting to do?

Are you trying to accurately represent the wholeness of some specific person, (Celebrity or not, celebrities don't truly have any real enforceable laws that any single individual has, even if they like to pretend so. It is the same law that applies to all humans. They just NOTE that it was a celebrity. Not the same as a "contracted celebrity", which is another can of worms. By the way, there is no actual legally enforceable title "Celebrity", as anyone can call themselves a celebrity. By all definitions, it is a 100% subjugated perception, without any bounds.)
 
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TrialRagnarok

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Jan 22, 2018
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Interesting read, thanks for sharing that. The risk of repercussions is not worth it, especially since I fall into one of the states that enforces the right of publicity.

Are there any games that DO currently use celebrity models?
Only one that comes to mind is a 2D game called SexNote, which has both Asa Akira and Mia Khalifa "look-alikes". In fact I kinda remember seeing an ad about the game mentioning something about Asa Akira but I'm not sure if she gave permission/is involved or if it was a marketing thing to promote it as "It's Asa Akira!" or something like that.

It's been a while since I've seen that ad so I'm not claiming anything against the dev of the game but felt it kinda was related to the theme of this discussion. Also as NoesisAndNoema mentions, there's the "parody" law so... yeah.
 

NoesisAndNoema

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Game Developer
Oct 3, 2017
282
680
Honestly, all the realistic models are skins from some person. Do you even know the source of the model/person or people used to create the skins you are using? Does anyone have rights to use them? Has anyone been given explicit permission to use them?

For all you know, they could be dead. Not hard to find a dead person with a similar "look" to any living person today. It's also not hard to simply make your own skin, which resembles them, but isn't them, as it also resembles thousands of other people that live, or have lived before. Again, if it is only the face, that is barely enough to use for a prosecution. Less if you use another persons eyes, another persons ears, another persons nose, and it still looks the same. At the end of the day, they have to prove the similarity or actual photographs you used, are actually them. Beyond all reasonable doubt, and that it was not in jest, or parody, and out of "fair use" domain.
 
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Deleted member 1931428

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The laws of the jungle are functional to a certain point. Personally I would advise against directly portraying a real-life person, whether that be a celebrity or your neighbor. Regardless of the content (lewd or not), people have a tendency to get worked up. Soon you would find a lawyer (or a whole crew of them) at your door screaming royalties, defamation and/or cessation. The lawyers have knack for finding a way to push you, take the Jackson estate for example referring to a contract from the 80s that pretty much stated the performer in question shall not be put into a bad light via X or Y. Then there was a case of a country singer whose voice from an old interview was used as a sample for a music track. That was settled out of court for a fixed sum. There are so many examples that could be used to measure the risk. Even the deceased are "protected" to a degree.
 

polywog

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May 19, 2017
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Interesting read, thanks for sharing that. The risk of repercussions is not worth it, especially since I fall into one of the states that enforces the right of publicity.

Are there any games that DO currently use celebrity models?
Perhaps you misread the article, as it said in the headline, they can't do anything to stop players from using celebrity faces in their sex games.
So if you make a game that allows your players to scan in a photo of their favorite celebrity, then your game players will be able to fill jars of jizz in honor of their idol, and it's perfectly acceptable.

cum-bottle-guy-2012.jpg
 
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Deleted member 1931428

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Perhaps you misread the article, as it said in the headline, they can't do anything to stop players from using celebrity faces in their sex games.
So if you make a game that allows your players to scan in a photo of their favorite celebrity, then your game players will be able to fill jars of jizz in honor of their idol, and it's perfectly acceptable.

View attachment 519043
I would advise seeking a medical professional if that is the everyday composition and coloration of the discharge. Could also be due to the storing method, though.
 

TrialRagnarok

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Jan 22, 2018
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Perhaps you misread the article, as it said in the headline, they can't do anything to stop players from using celebrity faces in their sex games.
So if you make a game that allows your players to scan in a photo of their favorite celebrity, then your game players will be able to fill jars of jizz in honor of their idol, and it's perfectly acceptable.

View attachment 519043
This reminds me that article where a Japanese pornstar for a scene she was gonna perform and she received tons of plastic bottles. Granted they weren't full but rather one or two samples per bottle but damn, that's some dedication.

I would advise seeking a medical professional if that is the everyday composition and coloration of the discharge. Could also be due to the storing method, though.
And in my experience, that's the color when stored at room temperature. My teens where rather... weird times so yeah. And also on how good or bad is your diet. I've noticed that yellow-ish color is when I don't eat that healthy (few fruit/vegetables). When I do eat healthier, the coloration doesn't shift that much but it's a lighter yellow-ish color.
 

Aezka

New Member
Sep 13, 2017
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What is it that you are attempting to do?
Your post makes a ton of sense, thank you for the examples as well. It was more of a curiosity thing for a potential character but I wanted to know of any legal issues prior to actually moving forward with this. I wouldn't want to find out later that I need to replace a model because I broke some statute.

The laws of the jungle are functional to a certain point. Personally I would advise against directly portraying a real-life person, whether that be a celebrity or your neighbor.
Excellent points. The best way to avoid the risks is to just avoid these models altogether haha. Is it likely that there would be legal repercussions? I don't think so, but there's still a chance regardless.

So if you make a game that allows your players to scan in a photo of their favorite celebrity, then your game players will be able to fill jars of jizz in honor of their idol, and it's perfectly acceptable.
LOL I haven't seen that image in years, but you make great points!

My teens where rather... weird times so yeah.
Your experiments have only enhanced the human race and our knowledge on the topic.
 
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Deleted member 1931428

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Excellent points. The best way to avoid the risks is to just avoid these models altogether haha. Is it likely that there would be legal repercussions? I don't think so, but there's still a chance regardless.
The country singer example I wrote about was unlikely, as the track in which a voice sample was used is fairly underground. Still, the representatives of said singer somehow came across it and demanded compensation.
 

polywog

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May 19, 2017
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You can't buy a Scarlett Johansson sex robot, but that doesn't mean you can't make one yourself.
1169740.JPG

Create a game where players can make or import their own characters, it will be a best seller.