Chipmunks

[rickgriffin]

Okay so how much trouble do you think I would get in for doing the following for the comic:

1) Mentioning Alvin and the Chipmunks
2) Making a captain ersatz/proxy of Alvin and the Chipmunks
3) Saying that Alvin and the Chipmunks are actually part of the universe (not subsuming other canons--just having a version of the band that works with this world)

[Dubiousity]

Okay so how much trouble do you think I would get in for doing the following for the comic:

1) Mentioning Alvin and the Chipmunks
2) Making a captain ersatz/proxy of Alvin and the Chipmunks
3) Saying that Alvin and the Chipmunks are actually part of the universe (not subsuming other canons--just having a version of the band that works with this world)

#1. I don't think that would get you into trouble.
#2. I doubt that would either.
#3. That I'm not sure about.

[IceKitsune]

Okay so how much trouble do you think I would get in for doing the following for the comic:

1) Mentioning Alvin and the Chipmunks
2) Making a captain ersatz/proxy of Alvin and the Chipmunks
3) Saying that Alvin and the Chipmunks are actually part of the universe (not subsuming other canons--just having a version of the band that works with this world)

1. I doubt it would get you in any trouble until you tried to publish a book of the comic (and even then it might be covered under fair use law but I'm not 100% on that)
2. This is Parody and is perfectly acceptable
3. This is basically the same as 1 though it in no way would be covered under fair use I wouldn't do it.

[ChewyChewy]

1) is fine. I don't know that you'd get in trouble for mentioning their names--at most maybe if you used their lyrics, but people use actual lyrics in webcomics all the time. As IceKitsune said, it may only apply if you tried to publish, and anyway it might fall under "fair use" (I don't know anything about that either.... )....
2) is also fine. As IceKitsune said, it's a parody, and people do that all the time to avoid copyright infringement and it makes people laugh. Imitation's the most sincere form of flattery, right?
3) I'm honestly surprised you're even putting that on the table given your last thread about combining universes.... Especially considering you DIDN'T create Alvin and the Chipmunks.... No, not acceptable.

[Dubiousity]

As the others said, you'll probably be fine as long as you stick to a parody of some sort, as I can't for the life of me remember anyone who got in trouble for making a parody of something.

[Dylan]

I wouldn't think much.

[Barkeron]

Okay so how much trouble do you think I would get in for doing the following for the comic:

1) Mentioning Alvin and the Chipmunks

Well, Mentioning it shouldn't be a issue. People mention stuff all the time and/or draw references to stuff. So your fine.

2) Making a captain ersatz/proxy of Alvin and the Chipmunks[/quote]

Considering its Parody, its probably okay.

3) Saying that Alvin and the Chipmunks are actually part of the universe (not subsuming other canons--just having a version of the band that works with this world)[/quote]

I would be careful with this one. It runs borderline to plagiarism. So thus I won't do number 3.

[sliceofdog]

The easy way through this is making an obvious parody. For example, The Simpsons have a clear version of Siegfried and Roy, down to giving them the same appearance, accents and costume, but just call them 'Gunter and Ernst'.

[Liam]

As long as they're pastiche-parody chars you're pretty much on the safe side.

I'm not sure what do you mean by point three. Using the actual A&C would get you into some trouble.

[Tiggy]

What's wrong with the chipmunks? They are so cute :< I have no idea why you would get in trouble for mentioning them here! :O

[rickgriffin]

The easy way through this is making an obvious parody. For example, The Simpsons have a clear version of Siegfried and Roy, down to giving them the same appearance, accents and costume, but just call them 'Gunter and Ernst'.

That's what the number 2 is

Also, I'm not talking about crossing universes; I said WITHOUT subsuming any other actual Chipmunks media. It would probably be a bad idea anyway, so having a proxy would probably be the best option.

[rickgriffin]

I'm not sure what do you mean by point three. Using the actual A&C would get you into some trouble.

I meant as in, they would never appear onscreen or anything, but they would be discussed as though they were an actual band (going on three generations) within the universe.

[Liam]

Tricky.

Sounds dubious enough to backfire, though.

[EchoFireant]

Number 1 and 2 sounds fine to me. Number 3 though is a bit tricky depending on what they interpret fair-use as.

[Zander]

"Sammy and the sea-otters"

>_> <_<

what? its just as catchy..

[Liam]

Nash and the Naked Mole Rats?

[The Game]

Nash and the Naked Mole Rats?

that reminded me of Kim Possible
...
dang it, I want to go watch that show now! Thanks a bunch Liam

oh, and what about

calvin and the .....squirrels?

[Liam]

Axel and the Axolotls!

[Frank]

You know, when I read the first post I thought you meant if you'd get in trouble with the readers ("How dare you resolve this with the introduction of yet another character! I haven't even gotten all the ferrets straghtened out!" --August 28, 2009)
of course, the legal question makes a lot more sense.

You've already gotten away with quoting Tom & Jerry, All Dogs Go To Heaven (August 24, 2009) and The Secret of Nimh (September 4, 2009). From a legal standpoint, quoting is allowed under copyright law. Problems arise if you put an extended part (or the whole thing) of the original (theoretically, to transcribe a movie's dialogue or post a song's full lyrics you need permission; not that it's really enforced) or the "quote" is in the same form as the original (a sound clip of a song or a video clip of a movie).

Mentioning their existance is sure to pose no trouble (yes, there is a "no" before "trouble"); it's basically what you've been doing with the Nintendo games all along (though you did one more there and actually showed the Wii wheel -- I'm not sure what the equivalent would be for music)

Actually showing them (or similar characters which alude to them) is much trickier. Alvin and the Chipmunks is not known for its legal disputes (not counting internal ones), and has not sued when similar groups have appeared trying to cash in on their success (The Nutty Squirrels, The Happy Hamsters) Yes, I know you're not actually "cash"ing here, but that's what I could find.

That said, thay would be in their right to sue if they see something that is, or derives from, their work that is not clearly a parody (Watterson probably couldn't sue for Philosophical Quandaries Must Wait even if he wanted to because the parody is so obvious; but then again, he never sued even the companies that were making the "calvin urinating on X" bumper stickers)

[Typhon]

I think you'll be fine, but i don't like alvin and the chipmunks..

[Dubiousity]

Their voices hurt my ears, good thing you can't hear a comic!

[GameCobra]

I personally think the third one is dooable somehow, but how that would work is another story.

An example of how i would think that works is i seen Mother goose and Grim a few times in the newspapers, and they seem to somehow get away with putting Snow white, CSI and all of that other stuff in it as one comic appearances. I'm not sure if that's where we're getting at, but that's an example of what i mean when i think the third scenario is definitely possible.

[Dubiousity]

I personally think the third one is dooable somehow, but how that would work is another story.

An example of how i would think that works is i seen Mother goose and Grim a few times in the newspapers, and they seem to somehow get away with putting Snow white, CSI and all of that other stuff in it as one comic appearances. I'm not sure if that's where we're getting at, but that's an example of what i mean when i think the third scenario is definitely possible.

Newspapers have to the money to fight lawsuits, I'm pretty sure Rick doesn't.

[GameCobra]

Yeah, but it would still seem really tough to get something like that out of something like Mother Goose and Grim in my opinion, but meh.

I would say at this point is i guess the most Rick could get away with relating to choice#3 is a off-the-panel comment from one of them. but for safety reasons, i would also agree with everyone and say the first two options are fine. mentioning them or putting in a spoof character of them would certainly work fine.

[ReCreate]

Their voices hurt my ears, good thing you can't hear a comic!

LOL this. xD

[rickgriffin]

I personally think the third one is dooable somehow, but how that would work is another story.

An example of how i would think that works is i seen Mother goose and Grim a few times in the newspapers, and they seem to somehow get away with putting Snow white, CSI and all of that other stuff in it as one comic appearances. I'm not sure if that's where we're getting at, but that's an example of what i mean when i think the third scenario is definitely possible.

Parody is perfectly legal in pretty much all cases. If I was trying to include the chipmunks in my world in a non-(entirely)parody fashion, that might cause a problem.

[Dubiousity]

I personally think the third one is dooable somehow, but how that would work is another story.

An example of how i would think that works is i seen Mother goose and Grim a few times in the newspapers, and they seem to somehow get away with putting Snow white, CSI and all of that other stuff in it as one comic appearances. I'm not sure if that's where we're getting at, but that's an example of what i mean when i think the third scenario is definitely possible.

Parody is perfectly legal in pretty much all cases. If I was trying to include the chipmunks in my world in a non-(entirely)parody fashion, that might cause a problem.

Exactly, stay safe, do a parody.

[Aquablast]

I personally think the third one is dooable somehow, but how that would work is another story.

An example of how i would think that works is i seen Mother goose and Grim a few times in the newspapers, and they seem to somehow get away with putting Snow white, CSI and all of that other stuff in it as one comic appearances. I'm not sure if that's where we're getting at, but that's an example of what i mean when i think the third scenario is definitely possible.

Parody is perfectly legal in pretty much all cases. If I was trying to include the chipmunks in my world in a non-(entirely)parody fashion, that might cause a problem.

Exactly, stay safe, do a parody.

Seconded!

Too bad I am not much of a help, since I know nothing about law yet. But I can safely say that everyone here wants you to stay safe!

[sliceofdog]

Hmm... I suppose really it depends on whether or not they actually appear. If you just mentioned them, literally as Alvin and the Chipmunks, and in that way implied they were canon, there wouldn't really be a problem. There may be a legal basis for them suing you if you made money off the comic, but the bad press and legal fees would actually make them lose out if they did, and no company is stupid enough to do that.
If you actually wanted to show them, or have them as talking characters, it would need to at least start as a parody. You could have them become more serious characters later on, but they would need to be introduced as a clear parody. Perhaps in one comic the pets are watching them in concert or something, with the punchline being the parody, and then in the next few comics it shows them behind stage afterwards and they're introduced as lasting characters?

[Foxstar]

I think a proxy is more viable.