What is libel?

Libel is complicated and often difficult to litigate; however, it is one of the few ways speech is allowed to be restricted under the First Amendment and, in my opinion, has produced some of the most interesting court opinions in American jurisprudence. A few of my favorites include Evel Knievel bringing a defamation suit against …

What is libel? Read More »

Brandon J. Huffman Named 2019 Super Lawyers Rising Star

Odin Law and Media is proud to announce Attorney Brandon J. Huffman’s inclusion on the Super Lawyers Rising Star list for 2019. According to Super Lawyers, Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition …

Brandon J. Huffman Named 2019 Super Lawyers Rising Star Read More »

Can I Use the Character From Another Game in My Own Game?

All game devs have a favorite character; one they draw inspiration from. What better way to show props to those who have inspired you than by featuring your favorite character in your new game. A little nudge or nod to other creators to show your respect. But where does admiration cross over to copyright infringement? …

Can I Use the Character From Another Game in My Own Game? Read More »

What is a trademark? And what is fair use of a trademark?

We see trademarks every day. Ones that we recognize, like Coca-Cola, Apple, Exxon, Pepsi and Ford, and ones that may go unnoticed, like the color of a Tiffany’s blue box. A trademark is a word, phrase, slogan, symbol, design, or combination that (1) identifies the good or service and (2) distinguishes source. Trademarks can (but …

What is a trademark? And what is fair use of a trademark? Read More »

When does a spiritual successor become copyright infringement?

The world of video game creation has unique challenges in spiritual successors or homage works. Some of these works defeat challenges of copyright infringement while others do not. For example, 2014 game TxK was sent a letter by Atari threatening action due to the similarities between TxK and Artari’s classic Tempest. What is a spiritual successor? …

When does a spiritual successor become copyright infringement? Read More »

The CVAA: What it means for the games industry

Ringing in the New Year not only brought new year’s resolutions, but it also gave effect to the CVAA in the video game industry. What is the CVAA? The CVAA (21st Century Communications and Video Accessibility Act 2010) sets forth accessibility requirements for all advanced communications services. This includes advanced communications services for game software, …

The CVAA: What it means for the games industry Read More »

Terms of Service and Clarity

Update: 1/26/2019: Unity has updated its terms. Over the past week, the video game world has been closely following the tumultuous relations between Improbable, Unity and Epic Games centering on an interpretation of an update (or clarification) of Unity’s Terms of Service. This case has brought into the spotlight an ordinary and extremely common contract: Terms …

Terms of Service and Clarity Read More »