I am designing a music based trivia board game. Can I use the names of artists, album and song titles, quote lyrics, and factual accounts in the trivia questions without being sued? i.e.Trivial Pursuit Pop Culture based games.
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bhwjr30
ANSWERS: 2
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Sued in a hearbeat. You cannot use other peoples ideas for personal gain, either without their permission or paying them a royalty.
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Yes you can, but a word of caution. You cannot copyright or trademark a fact. Thus, if you were to ask the question in the game "What was Michael Jackson's first album," you have not violated any rights. However, if you want to use pictures of albums or artists, these are subject to copyright. Also, you must be careful not to violate any artists right of publicity. If you use the likeness of a celebrity to promote the game (for example, on the box), this is a violation. Now the word of caution. Quoting lyrics you have to be careful with. Lyrics are copyrighted, but if you only use a very small portion in the context of an answer to a question, this would be fair use. The problem with fair use is that it is not a very clearly defined doctrine. Thus, even though you may win the lawsuit, fighting a fair use battle could be expensive. But other than the lyrics, everything is is certainly legal.
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