Say I write a [virtual/fictional] video/flash game that deals with record breaking. For example, let's say a hot dog eating contest type game.
Can I use the names/records of real world record holders?
In this article:
http://www.foxnews.com/story/0,2933,277414,00.html
It says Joe Chestnut ate 59.5 hot dogs, and Kobayashi's old record of 53.75.
In the game, once they hit 53.75 points, can I say "Congratulations, you have been Kobayashi's record!" ? and once they beat 59.5 hot dogs have a splash screen that says "You are the winner, you consumed more hot dogs then Joe Chestnut!"
Would that fall under 'fair use'?
Could I name levels after this? Say the final level being the "Joe Chestnut Challenge" or whatever?
Or even having the 'final boss' being Joe Chestnut himself? Or would that be using his "likeness" without permission?
What about just 'stating the facts' at the start and end of a level.... as in:
"On July 4, 2007, he won the 92nd Annual Nathan's Hot Dog Eating Contest, beating six-time defending champion Takeru "Tsunami" Kobayashi by consuming 66 hot dogs and buns in 12 minutes, which set a new world record. - Source: http://en.wikipedia.org/wiki/Joey_Chestnut"
Posts
Beyond that, I don't know.
The second part I'm not entirely sure about. Naming levels after famous people could be perceived as falsely claiming the game is endorsed by that person. Using them as the final boss without permission would be right out unless perhaps you did it in such a way that you could claim it was satire or something.