In the United States, Mario’s voice is not copyrighted as a voice or vocal style, but a particular recording of it may be. A new performance that imitates the voice is different from copying game audio, though other rights—including publicity, character, and trademark rights—may still matter. The answer depends on exactly what you use and how.
What does copyright protect: the voice or the recording?
Copyright protects eligible works fixed in a tangible medium, including sound recordings. For a recording, protection concerns the particular series of sounds fixed in it—not a person’s voice in the abstract. The U.S. Copyright Office explains that distinction in its sound-recording guidance; the relevant categories appear in 17 U.S.C. § 102.
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The Copyright Office’s 2025 report on digital replicas states: “An individual’s voice, unlike a particular sound recording that may capture it, ‘does not come within the subject matter of copyright.’” That is a statement about U.S. copyright subject matter, not a blanket permission to imitate a performer or use a Mario clip. See the 2025 report.
Does making a Mario impression count as copying the recording?
Not necessarily. Under 17 U.S.C. § 114(b), the sound-recording reproduction right is limited to copying the actual sounds fixed in the recording. The law distinguishes that from independently recording other sounds, even when they imitate or simulate sounds in a protected recording.
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This distinction is limited to copyright in the sound recording. It does not establish that every impression, voice model, or imitation is lawful. Publicity, contract, trademark, or other rules may apply, especially when a recognizable person’s voice is used commercially.
Which Mario-related material are you using?
“Mario’s voice” can mean several different things. Identify the material before deciding what rights to check.
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- Original game audio or a voice clip: This uses an existing recording. The sound-recording copyright may apply, and the clip’s ownership and license matter.
- Your own voice impression: This is a new performance rather than a copy of the original sounds for purposes of § 114(b). Other legal issues can still arise, including state publicity rights or the use of Mario’s character and branding.
- Dialogue or a spoken line: The recording and the words are separate questions. Copyright does not protect names, titles, or short phrases as such, but a longer line or other expressive material may raise a distinct issue. Some names or phrases may have trademark protection.
- Game footage, character art, or other audiovisual material: These are separate from the voice recording and require their own rights analysis.
The Copyright Office explains that copyright does not protect ideas, names, titles, or short phrases as such, while some names and phrases may be protected as trademarks in its copyright FAQ. That does not resolve the status of any particular Mario dialogue, image, or game clip.
Why can an imitation still raise legal concerns?
Some states recognize rights of publicity that can protect a person’s identity, and the rules vary by state. The Copyright Office’s 2025 digital-replicas report discusses state-law protections and notes that state courts have addressed sound-alike recordings. A commercial imitation of a recognizable performer may therefore raise a state-law question even if it is not a copy of the original sound recording.
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Contract terms can also restrict a performer’s recording or its use. Trademark questions may arise from names or branding. These are distinct from whether the voice itself qualifies for copyright protection.
How to assess a proposed use
Use this as an issue-spotting checklist, not as a legal test or permission to publish:
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- Identify what is in the project. Is it original game audio, a new impression, dialogue, character imagery, game footage, or a combination?
- Check the source and license. For an existing clip, determine who controls it and whether the proposed use is licensed. The general copyright rule does not establish who owns a particular Mario recording.
- Consider purpose and context. Commentary, parody, entertainment, and advertising present different facts. Purpose alone does not determine whether a use is permitted.
- Check the relevant jurisdiction. The rules described here concern U.S. law; publicity and other laws can vary by state and country.
- Get advice for higher-risk releases. If the project is commercial, uses original game audio, or imitates a recognizable performer in advertising, consult a qualified lawyer about the specific material and jurisdiction.
What the general rule cannot decide
These principles do not identify the owner of a particular Mario voice clip, establish whether a performer or Nintendo has specific contractual rights, or decide whether a proposed use is fair use. Nor do they determine the result outside the United States. Those questions require facts about the actual recording, permissions, context, and applicable law.
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