Depicting a person as a murderer in a game. Legal?

PixelPerfect · Tue 15/12/2009 09:24:42

Hi everybody!

I just had a total brain fart and I'd like to get some advice on this.

If you have creative commons pictures of a person and you'd like to use these pictures to make "evidence" (like pictures and footage) of a murderer in a game, is there any way for this to be illegal?

The game is set up so that it's accompanied with fake websites and it feels like digging up real information on a real person, but it's still a game.

What about if you buy commercial pictures of people and use them?

Calin Leafshade · Tue 15/12/2009 09:49:54

If the pictures are creative commons and it is a work of fiction then I really see no legal problem with that.

PixelPerfect · Tue 15/12/2009 09:54:43

Yeah this is what I suspected, but I wanted to have confirmation. Thanks for the reply!

Nikolas · Tue 15/12/2009 12:27:37

Hem...

This is rather serious. I can't think that you might find my picture somewhere and mention that my face is that of a murderer. I would be bothered, even if it was a game...

I'd check a little harder, rather than base everything on a single member of some forum (even if it's teh AGS forum!

)

Dave Gilbert · Tue 15/12/2009 12:51:06

Yeah, there shouldn't be a problem with this as long as the pics are listed as public domain and not just nabbed off of Google Image search. Or just get some friends and photograph them.

GarageGothic · Tue 15/12/2009 13:01:38

The problem that I see is if the photographer has released the picture under creative commons without the knowledge and permission of the person photographed (unless of course it's a self portrait). I'm not quite sure how likeness rights work for people who aren't celebrities, and I doubt that anybody would sue you for slander unless you also use their real name. But still, someone may find out and be offended by it.
Your safest bet would be to ask people on the forum to send you pictures of themselves, knowing what they will be used for. Tolworthy has been doing this for his recent games and general_knox is doing the same for his police quest-like game in production (he's using my photo as the basis for a meth-addicted hacker punk - and I'm all for it, I think it's great fun).

PixelPerfect · Tue 15/12/2009 13:40:18

Dang. It just creates a whole lot of hassle. A might just alter the photo so much that it can't be recognized from the original (like tattoo and some morphing to face). I guess then if there isn't a real name or 1:1 recognition I should be in the clear?

Thanks for the replies guys, btw.

EDIT: I'm thinking I'm going to do a collage-type of face of different faces from creative commons material. That way nobody is referenced directly and can't get mad.

The Bedminster Incident · Tue 15/12/2009 14:55:59

What about a disclaimer stating exactly what you said, that although the photographic footage depicts existing persons, they are not in any way linked to the characters they depict in the game?

Just a thought.
/tbi

Calin Leafshade · Tue 15/12/2009 15:37:31

Works of fiction cannot be considered slander. Have you guys never seen South Park?

PixelPerfect · Tue 15/12/2009 15:55:34

@TBI

That's a good idea. That way the intention is clear.

And I think if you put up your pictures with creative commons you understand that it can be used with any kinds of works of art?

I have to see if there is any workaround. I did manage to make the collage-face and it's pretty good but applying that face to different pictures with different people proved to be rather difficult. If I can't find a workaround I'm going with the disclaimer.

Purchasing photos could be one alternative, if I can find the right kinds.

Scarab · Tue 15/12/2009 16:07:46

You could just use your photo, then you know you're safe. If anyone ever accuses you of being a murderer, you can just admit that you made the game and everyone's happy.

However, they use the disclaimer on shows like Law and Order, so that's probably ok too.