If I am not going to name the character and I use my own original art that very closely resembles a well-known video game character that appears in my game for a very brief moment, is it legal to add a cameo appearance of the character in my game? In an indie game and meant as a tribute to the original game, but I doubt that makes any difference.
Example 1: A scrolling 2D platformer with Super Mario in one level performing a single action and dissapearing afterwards. Not naming the character at all.
Example 2: A video game poster inside the game with Sonic The Hedgehog with or without naming the character, with or without Sega logo.
- Fair use doesn't apply here, as I won't be using the art verbatim.
- The game might make some money
- I don't need to use names, since it is not really necessary, but there is no problem attributing the character trademark holder
- I am not going to hold anyone responsible for their answers, you don't need to say "I am not a lawyer" I know a lawyer will probably give me the best answer, but so will probably do indie game developers who used something similar in their game. This is what I am looking for.
- The examples given are not real. Just analogy.