Copyright issues on naming a Studio.

FernandoAndre

FernandoAndre

Hello,

I'm about to create my own studio, and I want to create a thematic identity related to a very old Atari game. This game was very special to me, because it represents something enigmatic, mystic, a search for answers in our lives. An archetype of the hero inside every person.

This game is the "Adventure". So, playing with this name, I created the "Advento", which in portuguese means advent - with a specific esoteric meaning too. And I intend to send this idea to a designer in order to create an entire project with this thematic. The site will be entirely related to the game (but of course, without any direct reference or citation).

So, this is a screen from the true game:

adventure.gif



And this is the prototype that I will send to the designer:

Advento_Prot_tipo_2.png





My question: can I have copyright trouble using this inspiration on my visual art, without mentioning the game on any part of the site?


Thanks!

Oh, and for those who liked Atari Adventure, here is a video:
http://www.youtube.com/watch?v=I6-zN_eaRd8 :)
 
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Of course you can have troubles... It doesn't mean you're in the wrong, it's just how the legal system works. Anyone who thinks they have a claim can sue. Whether they'll win is another issue. If you're judgement proof, you're usually going to be fine (until you make money and then you are no longer judgement proof).
 
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Sweetie said:
Of course you can have troubles... It doesn't mean you're in the wrong, it's just how the legal system works. Anyone who thinks they have a claim can sue. Whether they'll win is another issue. If you're judgement proof, you're usually going to be fine (until you make money and then you are no longer judgement proof).
Click to expand...

Hmm. Sounds bad. I was hoping hear something like this kind of use is not a copyright violation hehe.

:/
 
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I'm not an attorney, and do not pretend to be qualified to give legal advice, but, as a layman who's worked in and around the advertising and publishing world for almost 30 years, I don't believe your logo is close enough to anything to present a problem.

However, just to get the terminology right, when talking about brand names and logos, that is more correctly an issue of trademark than of copyright. You cannot copyright a name, and copyrighting a logo would offer very little protection. Both must be trademarked.
 
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Thanks Fiveacre, so as I'm not copying the name and the "look" of the game is not a trademark, it is something like from 0 to 10 of probability of having trouble, anything below 5? (not the best way to ask an opinion, but...)
 
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I do suggest asking a lawyer that specializes in this and has good insurance.

I personally don't see any problems with your logo, but this is way outside my area of expertise (and outside my area of interest too) though with you showing on the internet your link between the two means there is no longer a coincidence, there is indeed a link between your logo and the artwork: It shows that it is your inspiration. Without this link in public, you'd probably have zero issues, now I'm not too sure.

I'd seek professional advice.

To answer your question. I'd look at it as maybe a 1 in 10 chance of being trouble. As far as I can tell, the only elements that are the same is the color and the grid, but graphic design work isn't my strong point.
 
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Heh, followed that Adventure link and almost got lost on the related-videos trail. The 2600 was the shizznatz, back then :lol:

I dig the logo. Nice stylised "A" built into it.

I would not have recognised that as being an homage to Adventure without you having mentioned it. :cool:
 
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Thank you guys for the answers. This is not the true logo, but only an idea to inspire the professional designer who will develop the art. I had on mind to tell him "make it as close as possible to the game" but now I'm thinking about say "make it like people only recognize if I tell them" hehe...

Yes Zensteve, a lot of good memories from this time. :)
 
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Why don't you just do it and forget about copyright ?

Worst case scenario, you get a mail from them telling you to modify it and you do that.

I like the initial design and whsh you all the best. Try to make it evocative enough to remind the game to anyone who's a fan but the simplest possible in terms of shape.
 
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I do really like your prototype logo. I like its provenance, its meaningfulness to you, and that it "represents something enigmatic, mystic, a search for answers in our lives. An archetype of the hero inside every person."

Good luck. Hope it works out for you.

=)
 
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I think you would be fine. The only issue is that google keeps track of anything ever posted publicly online (or so it would seem...) and now you yourself have made the connection, there's grounds for an investigation if anything ever happens.
Just my thoughts as I'm not a lawyer either.

Little note - I like the logo, it's clever since you can recognise it quickly yet the more you look the more you see. The "A" didn't jump out at me right away for example. Good job.
Why is there an "e" in filmEs? Is that Portuguese too? (Lots of friendly people there)
 
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Worst case scenario, you get a mail from them telling you to modify it and you do that.
Click to expand...

You're talking likely scenario.

Worst case scenario, they sue you, you don't have any money to defend against the case, they win a big payout and have the courts order that you have your future salary garnished.

Is jail a possibility for copyright infringement? Probably not in this case but that might be a worst case.

What do I know, I'm not a lawyer. Go consult a real lawyer.
 
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Yeah, worst case scenario, a piano falls on you fucking head while leaving your newly acquired studio.

...

We're talking about realistic scenarios... Suing people costs money (and time). Nobody just spends money when a simple letter does the job more efficiently.
 
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