Can I make a fan game and release if for free?

At the risk of sounding totally ignorant on copyright law...

Thinking of giving myself a summer project and make a game based on a TV show, using its soundtrack, concept and assets from the show, I don't really know much about copyright but I'm guessing if I were to put it up onto the internet, for free download, that's going to cause me copyright problems? It's something I'd perhaps like to show to developers in the future as I kind of "hey I made a thing, look how many people downloaded it"...but I wouldn't want to go to all the time for it to turn out it's not something I'll be able to do...

Any info will be appreciated,
Thanks
Fred

 

Yes you can create a fan game for free. Yes - you will be violating copyright and probably trademark if you use the soundtrack and assets from the show.

If the creation stands on its own - the number of downloads won't be directly linked to the IP which the content is originally from.

Copyright violation is a contentious issue in the entertainment industry. Suggest not even 'going there' to avoid the risk of being associated with it.
Instead consider creating something original "inspired by" the TV show. You will not be in violation of copyright or IP infringement - and you can still use it legally to show developers "hey look what I made and look how many people downloaded it".

 

Legally? No. You *must* have permission from the copyright owner. If you don't, you can (and probably will) be sued.

Why don't you hear more about people being sued for this? Because part of the settlement is that they can't talk about having been sued.

Don't do it. Instead, make a game inspired by it and don't violate their copyrights.

 

If you do that, the owners of the show most likely will shut down your project - when they become aware of its existence, that is.

https://www.gamespot.com/articles/nintendo-shuts-down-another-pokemon-fan-project/1100-6446493/

I'd advise to start reading about copyright.

 

"it doesn't look like the game, which was reportedly in the works for over eight years, will see the light of day" Yikes, that's pretty brutal, then again nintendo have always been weird like that lol, Thanks for the info, pretty much I was expecting but thought I'd ask anyways

 

Nintendo is very inconsistent with their take down though, it's very unlikely the aren't aware of teh vast community of fan game round their IP, yet they are rather chirurgical in their targeting.

 

I don't know, what are the chances of your game going viral? They're very low. And if your game goes viral, what are the chances of being incarcerated or a simple cease and desist?

You could just do the game, and if you start noticing your game gains too much popularity and attention, pour gasoline on your desktop, set it on fire, and run away to México ... and live a rogue life, drinking margaritas and dancing with the senioritas ..The risk is up to you!

 

Do it. Just dont attach it to yourself in any way. Make sure you are completely clean & untraceable when you upload it.

Evil corporations like Hasbro cannot sue you if you dont exist. (Re: My Little Pony fighting game)

So yes, as long as you dont want money or fame, you are fully allowed to do it. If the game is good, it will be publicly available.

Although you could accept donations via a secure, untraceable, anonymous cryptocurrency.

Also in the future, this copyright nonsense will all be water under the bridge. Secure & anonymous cryptocurrency along with secure & anonymous web hosting & torrenting will mean it will be literally impossible for anyone to enforce any laws, as long as the user is anonymous (and with digital cash, they will be able to sell the game to the masses without any repercussions).

Although that creates a huge problem with taxes in society, so governments will fight it...but they cant do much...

But all of that is still for the future. By then, we likely will have done away with copyright nonsense long before we do away with fiat. Younger generations support Copyleft, not Copyright. And they are our future lawmakers.

 

I am perplexed why people feel the need to make a fan project, when they can make an "inspired by" game that is literally the same thing but with different names.

The former guarantees the chance of being sued. The latter guarantees the chance of personal profit (fame, street cred, money, selling a full game, etc.)

Plus inspirational works are more awesome anyway. You could improve or give it your own twist.

Unless you are ripping art assets from a game to recreate it for cheaper (or something like that?) then I see absolutely no reason anyone would even want to do a fan game over an "inspired by".

 

I was basically thinking of making a battlestar galactica fan game, and a huge factor of that (as anyone who's seen the show will agree) is the soundtrack, flying the fighters, acting out the battles in the show while the corresponding music plays, my brain's kind've been thinking up ideas for this according to the soundtrack, "oh this piece of music would be great for the title menu, the loadout screen, the post battle screen" etc, so in this sense using those copyrighted assets would be kinda crucial, look at games like house of the dying sun, with all the reviews saying "it's great cos the music reminds me of BSG!" that kind of thing

 

Completely perplexed along with you. There is a GORGEOUS Halo fan game in the wip thread. I posed this exact same question - made the same suggestion to the participants - although a little less eloquently.

 

Just use this symbol ↄ⃝, (ɔ), ↄ⃝ copyleft 2017, free rights reserve.

 

It's clearly a bad idea to use copyrighted or trademarked *anything* without the right permissions, but it's certainly understandable that fans would want tap into something with actual cultural impact and that they have a real passion for.

"Generic Space Opera Adventure 417" starring Mark Spacerunner, Stan Rogue, and Princess Lulu is never going to have the same resonance or inspire the same level of passion as the characters and sights and sounds of 40 years of Star Wars.

So I get where the desire comes from, but yeah, "don't go there."

 

Random symbols found on the Internet won't constitute a legal defense.

 

For that matter neither will the disclaimer YouTubers put on their video rips.

 

True there.

The fair use mark at the beginning of the YouTube videos also has no legal use (or fair dealing in my case, just found out recently that I'm not covered by fair use here in Australia. International copyright law is fun). It does however give you a preemptive shot at discouraging random take down notices.

But the OPs game won't come under fair use in any case.

 

It's a way like another to immerse yourself in something you love. To participate and prolong the feeling it give you.

To paraphrase you:
I am perplex people than people would immerse in copyrighted paid content when they could use their own free imagination and do something awesome, instead of using someone else's imagination to feel good ...

See how that works? I agree with the paraphrase oups

 

i'd ask the company for permission (and give list of things you want to use), maybe they are nice people.. : )

 

Obtaining "permission" to use copyrighted material is pretty much the same as obtaining "permission" to take groceries from the shop. You pay for them (if they are willing).

 

You can also pick them up once they expire and can no longer be sold. Did that for a while. You would be surprised how much good food gets dumped just because its passed a fairly arbitrary use date.

 

Exceptions to the rule exist. I remember someone from here starting an AGVN game. He apparently got permission from James and Mike as long as it was for free and without ads. They are super indie themselves, though.
So in most cases - true dat.

 

Or, you could spend all of that development time that you're going to commit, to actually create something original that you can release to the world legal-problem-free.

 

You can make a game about whatever you want and use whatever properties you want.

You just can't distribute it or use it for commercial purposes.

A lot of the fan games know this and will make the game and then it miraculously gets leaked, then the leak is distributed, copied, and redistributed. Meanwhile the person who made the game is powerless to stop the internet from spreading it and the more the company tries to stop it the more it spreads (it's called the Streisand Effect).

But really, WHY WOULD YOU WANT TO???

If you like something, use the elements you like about it to make your own thing.

Also, you're not really being much of a fan if you are going directly against the wishes of the creators.

Trust me, just make your own thing. It takes just as much effort, you can make money off of it, the people who you are trying to make a tribute towards will respect you more for it, and you're being your own person rather than defining yourself through someone else's work.

 

There's a special magic to entering a world you're fascinated with and creating stories within that space. It's usually a place that's already rich with possibilities you can use, so you're spending time tailoring what's already there rather than building something from the ground up (which you may not be as good at). This sounds a little pathetic, but it gives it a little (perceived) boost to the legitimacy of your work--it's based on something that already exists outside of you. It also gives you a real chance to hone skills of perceiving a created character and adding to them in a way that's consistent with official media.

I've created two written works based off of other IPs. One wound up being a full novel (which I haven't shared with hardly anyone). The other was fairly short, a prologue to a story, but some friends who were familiar with the IP commended my portrayal of the characters as consistent with the official portrayal. That was one of the best complements they could have given me.

And sometimes, there are IPs a person is interested in, and a new IP in the same vein will simply not get the attention that old one would. A Halo fan game interests me because I think the world of Halo is very interesting. But if whoever was making it changed that to something else, I would probably lose much interest.

Similarly--Freedom Planet began life as a Sonic fan game, but eventually became its own thing. Literally the only reason I was interested in it was because it was based off of the Sonic IP. However, pretty much everything about it that they changed into something unique is total garbage. If it were still a "Sonic" game I might be interested in pulling through unique elements, but now I have little to no reason to be invested in what they're doing.

Spoiler: Edit:

So much spam!

 

Nope. You also can't distribute it for non-commercial purposes too. And you can't make it.
http://chrisoatley.com/fan-art/

Fanart is illegal.

 

That's actually not correct. While its unlikely that you will get caught doing it, its still copyright violation and its still illegal.

Why wouldn't you? If someone else has built a really cool universe that lots of other people enjoy, why would you not want to participate in that universe?

Despite being generally illegal, fan projects do have a huge appeal.

 

Also free publicity if you are smart.

Real life example: Mounty oum, start with original works, meager view, made haloid (metroid + halo) then dead fantasy, then hired to work on red vs blue (halo fan series) then create one of the most popular original webseries, anime inspired RWBY, that is now distributed internationally.

 

I said distribute OR use it for commercial purposes.

Not "and".

No. You are absolutely free to write whatever stories you want. You are free to draw whatever you want. And you are free to make whatever game you want.

Marvel can not stop from making Ghost Rider comics when I was 8.

That would just be silly.

Now if i tried to make those comics then post them online or sell them to friends, then yes they would have a case against me.

 

The world is a silly place. The law more so then the rest of it. Get used to it.

 

No one's saying you "can't" do something.

You CAN drive 70 mph in a 65. You CAN swipe a candy bar from the grocery store. You CAN murder someone. Yes, you have the ability to do so.

Doesn't mean it's legal to though, and that's what's being dicussed.

 

To clarify my earlier comments, no company will make a law suite because going after eight year olds would damage the brand. No lawyer would take the case because its probably unwinnable. Any judge would throw it out as frivolous. And to top it all off none of this can happen because no one will find out about it.

And yet none of that changes the fact that its still against copyright law.

 

I get what you're saying. I still disagree. But the whole thing is really just moot since either way the outcome would be the same.

 

I'm just going to throw my name into the "Don't make a fan game, make an Inspired-By game" hat. Although I've basically abandoned it (maybe to return to someday!), Uncharted Galaxy is my take on this advice. It's clearly not Star Trek, but it's also immediately obvious that it draws its inspiration from there and that it would have a similar feel. Because that's what you really want, right? You don't want to make a game about Iron Man or Han Solo (unless you're @zombiegorilla and you're at work). You want to make a game that makes players feel like they're in that kind of world.

Creating new IP isn't easy, but it's worth it to put in the effort so that, when the product is finished, you actually own it and can do whatever you want with it!

 

Haven't worked for the big D since December. I don't get to play with that stuff officially any more. .

 

Geez, just like my wife...

 

IP Theft / copyright infringement isn't something you want to be showing off to developers

 

Oh I never knew Where do you work now?

 

THQNordic.

 

They can and they have legal grounds for doing so. They're just aren't aware that you exist, and if they are they decide not to care.

But they absolutely, without a question CAN stop you on legal grounds.

I linked the copyright-related talk earlier, check it out.

Did you know that in order to draw a building you may need permission of an architect?

Welcome to reality of copyright law.

 

I thought THQ died when they auctioned off their IPs?

 

Nordic Games bought up the name THQ and a looooooot of their game IPs. It's one of the rare cases where the IPs are actually being used as well. Nordic's always done some decent stuff, so it's a good fit.

 

Yes it is. No one gives a S*** about copyright except the owner. Employers want to see competence & proven experience.

I have a hard time believing that an employer would scoff at a project because of some other company's copyright ownership like some kind of

 

If they made music that reminds ppl of BSG, why dont you do the same? Make an original work inspired by BSG, that gives ppl that BSG feel.

 

I understand fans being fans. I ubderstand the argument ppl want to pour wori into what they love. For example, I definitely get modding. What I will never understand is pouring thousands of hours of work into something already done before. Well, I guess I get that if you own the IP.

So I guess it is about imagination & artistic ownership. I expect the creators of Star Wars to make more Star Wars. I dont understand why anyone else would. Maybe their kin or student continuing their legacy, I would understand.

Otherwise it is heresy to my imagination & all creativity to purposefully avoid creating an original work from what you love.

It is heresy to my logic that those thousand hours result in a completely free project when people would LOVE to pay for something original.

Then again, the majority of games made by indie gamedevs boggle my mind with supreme heresy of some form. Death to the infidel!

 

Go for it what could go wrong? (Famous last words)

Seriously, it depends on what the IP is you're fanning. If it's obscure and old probably no problem. If it's extremely well known and an active IP then...meh....maybe send them a letter asking if it's ok? Like I might do Land of the Lost but wouldn't touch Pokémon. But technically (and I'm no lawyer and am not giving legal advice) but if you can get away with it anonymously and it's just to show off in your portfolio sure, if you have even one inkling of trying to monetize it, look out.

 

You can. But you almost certainly WILL get a cease-and-desist notice from the copyright/trademark holders. Of course, once it's been released on-line, the cat is out of the bag. At that point, take the direct download off of your website, pass a torrent file around to any friends, and let the internet take its natural course. Your fan game will still be available to anyone who wants it for all of time, and you won't have to get sued.

Of course, this approach also guarantees that your game will only ever have 15 minutes of fame. The initial broo-ha-ha over the takedown notice is going to be most of your publicity. You can still do it, but you should go into it with those expectations.

 

Re-making an existing game structure is actually a fairly good exercise for developers. It's not much of a challenge for designers, as the design is already finished. But for figuring out the nuts-and-bolts of a remake project, it's actually quite engaging. Such projects usually appeal more to developers, who get a kick out of simply working diligently away on crafting games. It's less creative when it comes to the art, but it definitely tickles the old problem-solving centers of the brain.

Some people don't particularly want to create new characters or worlds. They prefer assembling the behind-the-scenes gears and struts of an existing design. It's like building Legos free-form and/or following the instructions. Some people just enjoy following the instructions.

 

I dont mean redoing game systems or gameplay, I just meant the IP.

Like Star Wars making their own game makes sense to me. A dev making the same game with an original IP with lightsaber magic makes sense. That same dev doing Star Wars when they could have done their own version of Star Wars doesnt.

That type of redoing.

 

You mean like pokemon with light sabers?


Sorry -

Seriously though - I'd make popcorn to see someone recreate a Nintendo IP with a Disney IP - just to see the two battle over who has the stronger claim on the product.

 

Well I have just that for you go to james farr channel and watch his double trilogy