Analysis: Clone Games & Fan Games -- Legal Issues

[wraggster]

Heres an article which should interest many of todays homebrew coders when releasing clones or fan games.

an excerpt


There are a few misconceptions in the indie development community concerning the definition and legality of clone games. Some take it as given that a legal clone can be a fan game, including many of the same visual and sound elements as the original.

Others believe that because some game companies don't enforce their IP rights against fan game developers, all fan games must be legal. Some may even believe that a game is simple and general enough to not warrant IP protection. This entry is designed to dispel some of the confusion and inaccuracy surrounding clone games and fan games.

Let’s say you’re a huge fan of Zelda, you’re a programmer and competent indie developer, and you and your friends want to create a tribute game to the world of the Hylian race, Princess Zelda, Ganon, and, of course, Link.

In your game you will likely create something akin to fan fiction as far as your storyline and script, and you want to implement the same characters in some way because you are, like most of us, somewhat attached to those icons.

Obviously you want to use similar game rules and mechanics. Can you? Should you? What legal complications will arise, what risks are involved, and how can you avoid threats from the very entity to intend to honor?

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[XDelusion]

It's all legal and covered by the Fair Use Act. Though, ever since Corporations un-officially adopted equal rights to a human being (through a crass mis-interpretation of the 14th amendment), they have been systematically eroding all the rights of the human being, turning the world into a prison where the will and so called rights of the corporation hold sway over that of the individual human being.

[symbal]

If i painted a work of art that's only differentiated from the original by a few brush strokes then try to sell it on it would be breaking IP laws, and it should be the same with people just modifying a few pixels to call a game original, but only if you make money from it and i would think that includes people setting up a site to take donations for their work, as jong as it stays free i don't see then breaking any reasonable laws.

[ojdon]

I only know about the Sonic Community, there hasn't been any C&Ds that I'm aware of when it comes to fan hacks/games. Just as long as you're not making a game for commercial use, there shouldn't be too much of a problem.

[Hypershell]

The introduction on game rules and mechanics is rather senseless; if you're making a game using someone else's copyrighted characters, you've already crossed that bridge.

Commercial use is what encourages the copyright-holder to bring down the hammer. Freeware is USUALLY considered not worthwhile to sue over so long as it does not realistically replace a commercial product. That makes it more likely for a copyright holder to not stomp you out, it doesn't change the fact that they still have every right to. All manners of fanart are technically subject to this too. However, besides being unrealistic to squash it all, one also has to ask if killing word-of-mouth of their own franchise is the best thing for sales. Nobody wants to discourage their own fans. But the big corporations often have a stricter line than the rest of us do regarding at what point an overzealous fan may be hurting more than helping.