Fair Use Argument in Fanmade Game?

[RayJay]

A person decides to create a video game based off of a kids cartoon show. The person uses the same characters from the show, but uses fanmade music and fan voices to voice the characters. Now the studio that made the cartoon show issues a Cease and Desist against that person making the game. Can the person who made the game claim Fair Use against the company? Because the game itself is a parody of the game. Do they have anything they can use against the company?

 

[Zigner]

A person decides to create a video game based off of a kids cartoon show. The person uses the same characters from the show, but uses fanmade music and fan voices to voice the characters. Now the studio that made the cartoon show issues a Cease and Desist against that person making the game. Can the person who made the game claim Fair Use against the company? Because the game itself is a parody of the game. Do they have anything they can use against the company?

First - sorry, this site is for US law only.
Second - does said person have enough money to fight this?
Third - even if said person has enough money to fight this, this does not sound like a "parody" to me.

 

[swalsh411]

Fair Use can always be claimed. The question is whether or not it would succeed.

 

[justalayman]

A person decides to create a video game based off of a kids cartoon show. The person uses the same characters from the show, but uses fanmade music and fan voices to voice the characters. Now the studio that made the cartoon show issues a Cease and Desist against that person making the game. Can the person who made the game claim Fair Use against the company? Because the game itself is a parody of the game. Do they have anything they can use against the company?

describe: same characters