A Question Concerning Copyright

[Onyyx]

Okay, here's wondering something. I'm no law student, see.

If I were to have a character that was clearly based on/a reference to a copyrighted character, (In my case as part of a short comical Easter egg) would this be allowed? The character wouldn't ACTUALLY be the one I'm referencing, and while it wouldn't actually be said, it'd be obvious as a reference.

Is this illegal? I don't want to be arrested for trying to be funny.

 

[So fist]

You will be arrested. One time I referenced Super Mario during a conversation with my local commissar in the politburo, and I spent seven years in the gulag for referencing copyrighted characters of the decadent capitalist swine. If you are going to do it anyway my suggestion is to get good at laying bricks and cement in sub zero temperatures and developing a taste for rice in soup water with bits of fish bone.

 

[OrbitDuke]

Look at the movie Press Start. A fantastic movie about video games. It's one huge parody. But the character Sam is a clear reference to Samus Aran from Metriod.
And in the flash series of the movie, there's the characters Plumber Pete(Mario), Princess Passion Fruit(Peach) , and even Buzz the Porcupine(Sonic the Hedgehog.) And my personal favorite, Trenton Belfast (Simon Belmot)

I think you'll be okay.

 

[DerVVulfman]

Years ago (erm... like the 1920's), a silent movie called Nosferato was released. It was clearly based on Dracula. The Stoker estate still had copyright and the film studio was successfully sued.

For a couple seasons, Star Trek: TNG used references to Sherlock Holmes and the characters of Holmes, Watson and Moriarty as a recurring character. The Conan Doyle estate still holds copyright and notified Paramount to cease and desist using the characters, which they dutifully complied. Yep, the characters have been around for decades, but the copyright ownership still holds if it's renewed.

For a fangame, you likely get away with it. There've been plenty of them (even using Samus Aran from Metroid).

If you plan to sell it (not likely, but there've been a few RMXP commercial games) then I wouldn't advise it.

 

[kyonides]

Well, you could also use Tux the penguin as your main character so you wouldn't have to pay for that... especially if it's distributed for free.