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Takeaway:
There is a thin line between reference and copyright infringement.
Copyright legislation is quite extensive and depends on each region, and the line between what is a parody/reference and what constitutes copyright infringement can be difficult to define. Below is a collection of copyright legislation guidelines, including general questions to ask yourself when creating content and region-specific rules.
Disclaimer: Please check with the legal team for the most up-to-date guidelines and legal advice, since we are linguists, not lawyers! All we can offer are guidelines to consider as you brainstorm content.
Parody/Reference vs. Copyright Infringement
Parody/Reference vs. Copyright Infringement
Parody is when a work imitates another work in an exaggerated way for comedic effect. A reference is when something (such as a plot point/character) from another work is mentioned in passing, or a work contains an Easter Egg (reference to pop culture/part of the series) that players will recognize.
Example of reference:
The Fallout series is full of references and Easter Eggs. In Fallout 4, the player can find a door frame with one skeleton lying on it and another clinging onto the side, which is a reference to the movie Titanic. Why it works: it is a reference to a scene without using song lyrics, dialogue, or names. In addition, if someone does not get the reference, it is subtle enough to not break the game.
Example of parody:
Hatoful Boyfriend is considered a parody of rom-com dating sims, in which the player attends a school for birds and dates birds. Why it works: the game parodies an entire genre and tropes/stereotypes within the genre, rather than a specific work itself.
Copyright infringement is when a work is determined to have copied a significant amount from another original work without the original creator's consent, especially when it's used to make money. This is determined on a case-by-case basis but can apply to art, writing, logos, music, and more.
Examples:
In 2019, Blizzard Entertainment filed a lawsuit against Sina Games's free-to-play Glorious Saga game, saying it was "almost entirely copied from the Warcraft games and related products." The game and all of its servers were taken offline within a month.
Singer Justin Bieber filed a lawsuit for trademark and publicity claims against RC3 for the game Joustin' Beaver that parodies his likeness and life.
Questions to Keep in Mind
Questions to Keep in Mind
How much of my work is referencing someone else's work?
Is the work I'm referencing public domain?
Do others need to be familiar with this other work for my creation to function?
A good rule of thumb: If your "reference" directly copies a lot from another work or copies the most iconic part of another work for profit, it might be considered copyright infringement. Check with the legal team if you're not sure.
USA
USA
In most contexts, creators own the rights to their original works by default the moment they are created. In the U.S., copyright lasts for "life of creator + 70 years." After this time, the works become part of the public domain, meaning that it is freely available to anyone. Most copyright lawsuits are determined on a case-by-case basis.
Here are some resources to learn more about how the United States defines copyright infringement:
Link to the US Chamber of Commerce
Link to the U.S. Copyright Law
A Piece Explaining the U.S. Copyright Law
An Explanation of Parody and Copyright Infringement
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