I've been in serious thoughts of starting a YouTube channel lately with the intent to vlog behind an avatar. Question is…can that avatar/persona be a copyrighted species (if that species is even copyrighted/trademarked to begin with)? I've done some extensive research and I can't seem to come up with a concrete answer. I've always been fond of Daxter from Naughty Dog's Jak and Daxter series, so [surprise, surprise] I'd like my avatar to be an ottsel (Daxter's species; an otter-weasel hybrid). Thing is, I don't know if Naughty Dog would have a problem with it (they don't respond to my emails on the matter). I know some species can be copyrighted if they exhibit unique traits (i.e. Wookiees and Klingons are copyrighted), but it's hard for me to say if ottsels exhibit any such traits (outside of orange fur color and striped forearms). I feel like it would be wrong to claim ownership over a hybrid of two real-life animals, but again, I'm not 100% sure.
Perhaps it would be easier if I detailed exactly what I had planned for my channel:
- I'm not planning on monetizing my videos, however I may feel tempted to open up a Patreon account since, after all, it will take time and effort to edit videos together.
- I don't intend to use the term "ottsel" in my channel name.
- I may record music on the side and choose to use my avatar on album covers.
- My avatar will wear clothing not seen in Jak and Daxter (just a casual long-sleeve shirt that would cover up the aforementioned stripes, plus a pair of pants that in no way resembles Daxter's).
At some point, I asked myself if I was familiar with any YouTubers who used an avatar representing a fictional species from a video game, and I thought of Gaijin Goomba. I checked out his videos and I've noticed that though he still uses his Goomba avatar, he uses it much, MUCH less in his more recent content than in his older videos, which leads me to question as to whether or not he got in trouble with Nintendo for using it.
Maybe there is no straight answer, but any input would be hugely appreciated. Thanks!
01 Apr 2017, 9:58 pm
