How close to the original game should/can a fangame be?

Hi guys, after playing a ton of the older Zelda games on the Gameboy Color, I thought it would be cool to try making a knock-off of them, a fangame.

But my question is: how close to the original game should the fangame be? And how close to the original can the fangame be? I'd like the game to have a clear resemblance, which means I'd most likely have to copy a lot of stuff from the original game, but I'd rather not just clone everything and deal with possible legal issues with Nintendo.

I'm also guessing that if I made the game commercial, I would probably have to make my game very different from the original game, again, to avoid any problems with Nintendo.

As for how close to the original the game should be, I think it should have most of the original's key components. In my case, it should have puzzle elements, tasks, an open, fantasy world and a story.

Any opinions are welcome

 

Please note that this is not a legal advice.

For legal advice, consult a lawyer.

-----------

You shouldn't use any of the nintendo trademarks. Character names, designs, etc. You also shouldn't use any of their assets (ripped textures/models/music, etc).

You can probably clone everything else, if you want to. "Clone" means "create highly similar asset yourself".

The thing with copyright law is that you can't copyright an idea. Only its implementation. As long as you're not blatantly using their assets you shouldn't have copyright issue.
The purpose of trademark law is to protect developer's reputation. So you shouldn't pretend that your game is endorsed/affiliated with nintendo or their franchises. As long as you are not doing anythign like that, you should be fine trademark wise.

If you drew your own map, use your own music, and maps aren't pixel-to-pixel identical to original ones, you can create your own game, even if it is almost complete clone of the original.

 

Thanks for the reply. I wasn't going to use the original game's assets, I intend to create my own. You also managed to clear some stuff for me, so thank you

 

Also note it doesn't matter if the game is commercial or given away for free.

Basically your test is would a reasonable person describe this game as 'like Zelda'? If someone would describe your game as 'is Zelda' then you've probably gone too far.

 

Another thing that can bite you that wasn't made clear(though you may know it) is that you can't use Zelda's/Nintendo's trademarked words. For example, your character probably can't be named Link, with a princess named Zelda, and water people named Zoras. Other things, more generic, like Bow & Arrow, Magic Powder, Lamp, Gauntlet(or Gloves), etc... could be named about the same as they aren't able to be trademarked generally. But very specific names could get you into trouble.

 

Grazelda is probably safe, though watch out for infringing on whoever owns Wizards and Warriors now.

Not sure if common names are covered TM, though the example you provided would probably be a violation because it's blatant infringement.
(I'm no darn law-yer)