Videogame murals, are they legal?

TimPV3

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Some friends of mine own a building downtown that they're currently renovating. The bricks on the outside are a dark eyesore and we're considering painting them. They want to do some sort of gaming mural, like a scene from Super Mario Bros. What we're wondering is if anybody here knows if it would be legal. It's just a piece of art, like the recent LBP house, or Conan's new set. Would we need permission from Nintendo?

If anybody could chime in with an answer or point me in the direction of obtaining one it would be greatly appreciated.
 
Pretty sure art that you aren't selling as your own work is okay, provided you're not making anything obscene out of it.
 
Using fair use and other legal aids, I'd say you could be safe.

If some day someone comes by and questions you about it or writes a scary letter, just say its graffiti the local hoodlums made and we'll be sure to cover it up in our next building repaint.
 
Thanks for the quick repsonses everyone, I appreciate it.

[quote name='Liquid 2']http://en.wikipedia.org/wiki/Fair_use[/QUOTE]Thanks, the term escaped me when I posted.
[quote name='kirby145']Using fair use and other legal aids, I'd say you could be safe.

If some day someone comes by and questions you about it or writes a scary letter, just say its graffiti the local hoodlums made and we'll be sure to cover it up in our next building repaint.[/QUOTE]Haha that's what I suggested, or when Nintendo complains, change it to Megaman, and when Capcom complains, change it to Sonic.
 
You may want to check with city hall, some towns have heavy rules on what you can have on your building and only allow certain colors to be painted. Also you might get people walking into the building (depends on what it looks like) wanting to buy video games.

If you're allowed post a pic of the painting, would like to see it.
 
Yes, you can very much get in trouble with Nintendo. No, this is not covered by fair use. People really don't understand that concept.

Now, the question is will you? Nintendo likely has bigger fish to fry, and unless you're using it to promote a business, it's unlikely you will hear from them. But if you're in a big city I'd be slightly more hesitant. Also, you're less likely to draw attention if you did a Mario-themed environment and left Mario himself out of it.
 
Why would it not be protected under fair use? It's art work that's not being made for profit.

Hell, if anything, it's an advertisement for Nintendo.
 
[quote name='Liquid 2']Why would it not be protected under fair use? It's art work that's not being made for profit.

Hell, if anything, it's an advertisement for Nintendo.[/QUOTE]

Fair use doesn't mean not-for-profit.
 
I looked it up and they basicly say that there is no clear line between copy right infringment and "Fair use", that its better just to get written permission from the company before proceeding. I'm sure if you guys write a letter to whatever company that owns the rights to whatever game you want to do a mural for they will give you permission


Source: http://www.copyright.gov/fls/fl102.html
 
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