(that moment when you forget to click post before exiting D=)
I'm not a lawyer, but i do have a friend who is currently taking Business Law at her school, in the USA, so I am asking her for insight into this. To my understanding, These skins are protected under the Fair Use policy, as parodies. That doesn't mean that Riot can use any character and claim that it is a parody. Look at this thread for an example of this...
A parody is a work that ridicules another, usually well-known work, by imitating it in a comic way. Judges understand that, by its nature, parody demands some taking from the original work being parodied. Unlike other forms of fair use, a fairly extensive use of the original work is permitted in a parody in order to “conjure up” the original.
Now, the potential for a lawsuit is always present when using other copyright materials, and simply going to court could jeopardize any company, especially if that company loses the case. So this brings a huge risk, (honestly i am surprised King Rammus didn't get Riot sued for it.) that could ruin the company. Also another issue is with Consumers...
Businesses know that just because a group wants something, doesn't mean that an equal number are willing to pay for it. Riot could have 1000 people asking for this skin... and when they release, most wont get it. Why? two reasons, one is that the vocal amount of people saying to do it is basically their estimated number of sales max, the majority wont be willing to pay. The second is that this is a niche skin...
Yes this skin would be suited to a small number of players really... lets list the criteria...
- Knowledge of Sword Art Online.
- Enjoy playing as Fiora.
- Like Asuna from Sword Art Online.
- Have the financial capabilities of paying.
- Be willing to pay for this skin.
All in all these reasons make the target number of players limited. In other words your investment in development, vs the risks of a lawsuit are imbalanced. You run a much larger risk then potential reward.
Now, i am not being biased here. I REALLY enjoyed Sword art online. It remains one of my favorite anime. That being said, the popularity of this is actually slowly on the decline. I know that Fiora and Asuna match nearly perfectly (rule 34 anyone?). That being said I dont see how Riot could change the character enough to keep it similar and avoid a copy right claim. My friend just now messaged me and she said...
: Because as long as you don't use the name and there are a certain number of differences it falls under fan art
: Which keeps it from violating any copyrights
: There are also the laws that protect common ideas so just because you draw a bunny made out of marshmallow doesn't mean no one else will think of it so it isn't copyrighted only the specific design is
to keep it simplified... So as you can see you'd have to change the name, and use enough different features to avoid the courts... Using these facts you can say that Fiora and Asuna are actually, potentially the same character just different designs...