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Author Topic: Are Fan Games Legal?  (Read 11436 times)

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King Tetiro

Leader of Phoenix Heart
Are Fan Games Legal?
« on: September 26, 2006, 06:17:24 pm »
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Please move to right topic area if not in right place please.

I was wondering,

Are Fan Game legal? I mean, I don't want to break the law or anything, so I was wondering so just to be sure

Can I make a Fan Game without getting sued by copyright

If so

How?
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  • Phoenix Heart

mit
Re: Are Fan Games Legal?
« Reply #1 on: September 26, 2006, 06:30:31 pm »
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Depends on how you've made it, what the company has said, and what country you're in.

Some companies allowed you to make fan games of their titles, others have said modifying is breaking copyright. Not sure about what Nintendo have said.

For non-comercial purposes, though, I really doubt you'll be sued.
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King Tetiro

Leader of Phoenix Heart
Re: Are Fan Games Legal?
« Reply #2 on: September 26, 2006, 06:32:44 pm »
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Quote from: mit on September 26, 2006, 06:30:31 pm
Depends on how you've made it, what the company has said, and what country you're in.

Some companies allowed you to make fan games of their titles, others have said modifying is breaking copyright. Not sure about what Nintendo have said.

For non-comercial purposes, though, I really doubt you'll be sued.

Your saying that as long as I don't make money, I'm okay? As long as I give credit for Nintendo making Zelda Right?

BTW, what about Games Workshop?
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  • Phoenix Heart
Re: Are Fan Games Legal?
« Reply #3 on: September 26, 2006, 06:34:10 pm »
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Fan games by definition are illegal as they are a breach of intellectual copyright, however most companys won't care to much so long as you don't profit from them.
« Last Edit: September 26, 2006, 07:00:55 pm by Helios »
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King Tetiro

Leader of Phoenix Heart
Re: Are Fan Games Legal?
« Reply #4 on: September 26, 2006, 06:35:33 pm »
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I shall look on the Games Workshop site, just incase.
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  • Phoenix Heart

aab

^ Evolved from a Hobbit
Re: Are Fan Games Legal?
« Reply #5 on: September 26, 2006, 07:05:36 pm »
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I've played a few games workshop fangames, and never heard of them being sued (usually Space Hulk style games lol).

In fact, some will and i would say very likely are in production now, and will be of a higher quality than most zfgcers can make, and much more threatening - You could always find and watch them, keep under them.
I doubt such a system seeking creative people (however stingie for money they are) would act harhsly on such things (unless you made money off it - Then they would sue you into the mud).

As for the general case, it has already been explained.
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Re: Are Fan Games Legal?
« Reply #6 on: September 26, 2006, 07:06:44 pm »
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The only instance I can recall of a fan game ever being shut down was a fairly high profile (think OOT2D back in the day) Chrono Trigger project.  Apparently Square contacted them and asked them to desist. Whether there was any basis in truth to that - numerous fan games have been sent similar, but bogus, e-mails from disgruntled fanboys - I do not know...

I fail to see why the big guns would get their pants in such bunches about humble fan projects - provided, yeah, they're not done for profit, obviously. How is it any different than fan art or fan fiction? No different, if you ask me. Just people paying tribute to their favourite game in their own way. Besides, there are a ton of fan games being made and are hardly being kept secret, and nobody's suing them...

All I know is fan games are looked upon by the wider fan communities in a different way than other fan works. Can't explain why. The crap thrown at the mere mention of a new fan project on some Zelda forums is bizarre. Ironically, they're ones who seem most interested in shutting Zelda fan games down... Especially when you consider how they lap up some of the !@#$%-poor fan art/fiction. And hentai. And Link/Ganondorf slash fiction. *shudder* Surely they're more harmful to a company's intellectual property?

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King Tetiro

Leader of Phoenix Heart
Re: Are Fan Games Legal?
« Reply #7 on: September 26, 2006, 07:09:18 pm »
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So Nintendo and Games Workshop won't sue me if I don't make money?

BTW, the only fan games I see getting a greater chance of getting are (Example time)

MM2D

or

LTTP3D

That's because they can cut into Nintendo's profits

But

Why Original Games?
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  • Phoenix Heart

mit
Re: Are Fan Games Legal?
« Reply #8 on: September 26, 2006, 07:15:44 pm »
  • QBASIC programmer since age 4. Take that, world.
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Quote from: Laigonaz on September 26, 2006, 07:09:18 pm
So Nintendo and Games Workshop won't sue me if I don't make money?

BTW, the only fan games I see getting a greater chance of getting are (Example time)

MM2D

or

LTTP3D

That's because they can cut into Nintendo's profits

But

Why Original Games?
Original Games are perfectly fine, using resources from comercial games is what breaks copyright. Unless the company says otherwise, it's breaking copyright to use their material in a game, no matter how small. However, the point is, although they have the right, they're won't sue you unless you're making considerable amounts of money and / or reducing their profits, because it isn't worth it.

However, I do recall a company saying it was OK to make non-profit fan games out of their material.

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King Tetiro

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Re: Are Fan Games Legal?
« Reply #9 on: September 26, 2006, 07:19:10 pm »
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Right now I know, I ain't breaking copyight with Original Fan Games (That's good!  :D)

But

I don't understand about the materials (That's Bad! :()

Does that mean that I can't use the LTTP sprites?
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  • Phoenix Heart
Re: Are Fan Games Legal?
« Reply #10 on: September 26, 2006, 07:21:01 pm »
  • Master Of Disaster
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I quess technically fan-games are illegal, but no one cares, as long as no profit is made from them.
Like Mob said, they aren't much different from any other fanstuff. And it's impossible to keep track of all the fangames anyway
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  • Lumeuni
Re: Are Fan Games Legal?
« Reply #11 on: September 26, 2006, 07:29:40 pm »
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I do not care at all if its legal or not. I do not make any profit with making my Zelda games I give full credit to Nintendo. So thats enough if Nintendo is making problems with that they can visit my house and we will talk about it.
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Re: Are Fan Games Legal?
« Reply #12 on: September 27, 2006, 02:22:13 am »
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Don't worry about the legality of it: they don't care.  And if they start caring, then you'll be sent a letter.

Nintendo never sues for this sort of thing.
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Antidote

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Re: Are Fan Games Legal?
« Reply #13 on: September 27, 2006, 04:07:31 am »
  • In all seriousness who's serious?
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Nintendo is very fair about their games, it's other company's you have to watch out for (ie: Sony, Microsoft, Retro, and a whole host of others)
So as long as you give credit i think you'll be fine
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  • Axiomatic Data Laboratories
Re: Are Fan Games Legal?
« Reply #14 on: September 27, 2006, 11:38:49 am »
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 As people have said, they are technicly illegal. The reason no one at ZFGC gets sued/desist letter is because we are too big of a community. If you where to shut down/sue one fan game at ZFGC, you'd have to shut down/sue 1000 more. (Example)

 The lesson learned here is that you never should develope fan games if you are alone. Always stay grouped in a community to avoid being sued/desist letter.

Note: This is shooting towards the more strict companys. Nintendo will usually not do anything to you.
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King Tetiro

Leader of Phoenix Heart
Re: Are Fan Games Legal?
« Reply #15 on: September 27, 2006, 11:41:05 am »
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Okay, that's a big relief. Ta's all.
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  • Phoenix Heart
Re: Are Fan Games Legal?
« Reply #16 on: September 27, 2006, 02:00:39 pm »
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There was a member on ZFGC a while ago called tssf. (don't think he's here still) He and his team was making a Chrono Trigger remake in 3-D, and they were progressing very nicely, and it looked beautiful. As far as I know, it would have easily finished if Square Enix wouldn't have closed down the project. They weren't sued or anything, but I think if they would've kept going Square would've taken legal actions.
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Re: Are Fan Games Legal?
« Reply #17 on: September 27, 2006, 03:25:47 pm »
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Quote from: Soulrivers on September 27, 2006, 02:00:39 pm
There was a member on ZFGC a while ago called tssf. (don't think he's here still) He and his team was making a Chrono Trigger remake in 3-D, and they were progressing very nicely, and it looked beautiful. As far as I know, it would have easily finished if Square Enix wouldn't have closed down the project. They weren't sued or anything, but I think if they would've kept going Square would've taken legal actions.
How pathetic! !@#$% you Square-Enix stupid money suckers.
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Re: Are Fan Games Legal?
« Reply #18 on: September 27, 2006, 05:40:49 pm »
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Quote from: Hyrule_boy on September 27, 2006, 03:25:47 pm
Quote from: Soulrivers on September 27, 2006, 02:00:39 pm
There was a member on ZFGC a while ago called tssf. (don't think he's here still) He and his team was making a Chrono Trigger remake in 3-D, and they were progressing very nicely, and it looked beautiful. As far as I know, it would have easily finished if Square Enix wouldn't have closed down the project. They weren't sued or anything, but I think if they would've kept going Square would've taken legal actions.
How pathetic! !@#$% you Square-Enix stupid money suckers.
And you would just sooo love people to steal your ideas wouldn't you.
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Re: Are Fan Games Legal?
« Reply #19 on: September 27, 2006, 06:10:58 pm »
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Quote from: Helios on September 27, 2006, 05:40:49 pm
Quote from: Hyrule_boy on September 27, 2006, 03:25:47 pm
Quote from: Soulrivers on September 27, 2006, 02:00:39 pm
There was a member on ZFGC a while ago called tssf. (don't think he's here still) He and his team was making a Chrono Trigger remake in 3-D, and they were progressing very nicely, and it looked beautiful. As far as I know, it would have easily finished if Square Enix wouldn't have closed down the project. They weren't sued or anything, but I think if they would've kept going Square would've taken legal actions.
How pathetic! !@#$% you Square-Enix stupid money suckers.
And you would just sooo love people to steal your ideas wouldn't you.
lol if they already had that in mind why does it take ages before they start one? Its not fair from them to shut down a project made by fans. I'm happy Nintendo isn't so retarded.
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