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jamestl2
11-13-2009, 12:37 AM
I had a few ideas rolling through my head about designing and developing a few WP themes that relate to commercial products, and I was curious as to what my options are.

And by "commercial", I mean using pre-existing ideas and company markets (I'm a video game fan, and for example, say I wanted to create a Bioshock theme, or Mass Effect design.)

Would most companies like Microsoft mind if I use products that I'm a fan of and turn them into WP themes? And if they don't, what about making those themes premium? I don't want to jump through lawful loopholes just to make a few bucks on the side and use their ideas (I mean I'm not "dying" to create these themes, they're just a source of inspiration for me). However, I've seen fansites out there before that do use their likeness, and I don't really think they taken drastic measures for "seeking permission" to use them, but admittedly, I don't know much about them.

What would the fallout behind undertaking such actions be?

(I suppose this could be considered a legal question that may pertain to any website, but I'm thinking specifically about WP here.)

vangogh
11-13-2009, 02:32 AM
I think there's going to be a limit to how far you can push it when it comes to someone else's product. I would think you could design a theme that paid tribute to one of their products, but if you get too close to using the same name or take a little too much inspiration from them you probably cross the line.

My guess is Microsoft and other companies are not going to like you using their brand in your product and they especially won't like if you're making money using their brand. I don't know that they would sue you, but they might. They most certainly stop you from selling or distributing the theme if you cross the line and they find out.

The question is what's crossing the line. I don't think you could use either name at all. You likely can't use any images from either game. What you could do is design something that captures the same mood as the game and then mention how your theme is Mass Effect like or something Mass Effect fans will love.

The other thing you could do is contact the copyright holders for the games and work out something with them. It's possible they would let you use aspects of the game for a fee or want to collect on the sale of any theme.

This isn't really a WordPress issue. It's a copyright issue

jamestl2
11-13-2009, 02:52 AM
I didn't mean I'd really want to call it the "Bioshock WP theme" or "Mass Effect WP theme" and / or start taking images off their site and incorporating character names, weapon names, etc. into the design, that'd definitely be copyright infringement.

What I had in mind was that if I were to create a (premium) WP theme somewhat based off the game, using similar colors, styles, finding the mood, etc. and anybody who's ever played Mass Effect before could immediately tell that it's a Mass Effect inspired theme, where does that leave me?

Sometimes on the one hand I think "Hey, you're getting free game promotion from my theme" but again I do want to be original. I also haven't seen to many game based themes out there at all (company sponsored or not), except a couple, like the Super Mario (http://www.onehertz.com/portfolio/wordpress/smw/testrun/) theme I came across a while back.

vangogh
11-13-2009, 12:06 PM
That sounds fine. I think the only issue you'd have is if you choose a name too close to the game name and if you use their images. I think it's perfectly fine to use the same colors to create the mood and feel of the game.

The Super Mario theme seems ok to me. The one exception might be the Mario icon, which may be something they aren't allowed to use.

Using the game for inspiration is fine as is making the theme recognizable to players of the game. You just have to watch out for crossing a line where it's too much like the game. I can't tell you where that line is though.

Harold Mansfield
11-13-2009, 06:39 PM
As long as it's "inspired" by the game..no problem. The problems come when people use images, icons, and logos (even photoshopped) from the game in the design and then turn around and try and sell them..but of course that depends on if you get caught or not, and if they care.