Law related with real person based character

[RyanBram]

Hi everyone.
I need to know about creating game character based on real person face. The face will not 1:1 with the person I used as character, because there will be modification here and there to make it more suitable with cartoonny environment of RPG Maker. How it will affect my game project?

1. Do I need permission from the person I use as character?
   
2. Should I pay royalties to the person?
   
3. Can I claim copyright for my character art?

Thank you for your attention.

 

[bgillisp]

We're honestly the wrong ones to ask, as only a professional lawyer can answer those for you. Best to consult them if you want the facts on this one.

 

[_Shadow_]

1] Most probably YES! Preferably written and signed legally. You need a lawyer to guide you on this.
2] I don't know. You might need a contract that the person gives you royalty free permission to use their face. Without any legal proof, the person can claim royalties in the fututre. Ask a lawyer.
3] You are the copyright owner of your art and you can legally ensure your rights by asking a lawyer in your country. Copyright laws and actions that must be taken differ from country to country.

Thus... (omg, ninjaed already) ... you need to ask a lawyer, not a forum.

 

[Tsukunex]

Hey there,

1) That's a rather complex issue, and the answer to which is - it depends. Since you've already admitted to using their likeness, then no. However, if you can alter the image in a way that any reasonable person would not draw the conclusion that Character x is Person x, than you are in the safe zone. (For example, a person's personality/attitude is not a protected right)

2) You do not necessarily need to pay royalties to said person, unless they stipulate that when/if you obtain consent from them.

3) You can claim copyright for your character art, however, when it comes to copyright issues and lawsuits it will need to be registered. Generally speaking, you have five years from the date of creation to register your work for it to be considered prima facie. In other words, after this five year period and someone else uses your work without your permission - well you just made your suit difficult though not impossible to win.

For further reading, I recommend this pdf.

Also, a simple solution to your problem without requiring the legal advice of a lawyer would be to have them sign a release. Many of these forms are available for free online, and legal zoom contains a PDF teaching you how to create one.

Hope this helps!