FranklinX 37 Report post Posted October 24, 2011 Fan games are a violation of a company's copyrights. None of us amateur game developers have permission to make fan games. There are many fan games. You can find many videos on Youtube featuring fan games. I find it to be very interesting that most companies do not take action. Why is this? Yes, I know I am making fan games. While I am not criticizing anyone for making fan games, I would like to know companies' stance on this subject. Share this post Link to post Share on other sites
Jon Bon 43 Report post Posted October 24, 2011 Fan games are a violation of a company's copyrights. None of us amateur game developers have permission to make fan games. There are many fan games. You can find many videos on Youtube featuring fan games. I find it to be very interesting that most companies do not take action. Why is this? Yes, I know I am making fan games. While I am not criticizing anyone for making fan games, I would like to know companies' stance on this subject. You are technically correct. You can not use images or likeness of copyrighted material for fear of infringement and ultimately legal action. With that said, there are a few parameters that are more or less a rule of thumb when suing someone for copyright issues. -Are they defaming the product(IE adding completely negative reputation/publicity, further example would be inappropriate body parts in a sesame street game) -Are they turning a noticeable profit from your copyright -Does the money they are making + the negative fame they are creating justify pursuing them legally(IE are we suing some 12 year old, or a pirate company) If the answer to these three questions are no, then why bother? Court cases in general take a long time, add into that the growing problem of internet pirating/copyright laws, added with the possibility of international copyright laws effecting the outcome, the answer is it's simply not worth it a lot of the time. On top of all this, I am fairly certain(at least in Canada) that you can use copyrighted images for your business as long as they do not turn over a certain amount of profit, or become international. In other words your mom and pop grocer can use a Warner Brothers mascot for their store as long as they stay a mom and pop store. In my home town of 56, 000 there is at least one business that has does this. The place is called Bull & Quench it is a Pub my friends and I have frequented since high school. The mascot is the Warner Brothers Bull (I do not know his official title/name). I have inquired about it and I was told basically what I said above, that they are allowed because of the business size. I highly doubt this small pub has the capital to pay licensing rights to Warner Brothers. Through my travels I have noticed other similar images on businesses around Ontario. It is entirely possible that these people are simply in such a remote location that they have no fear of infringement as most of these signs were made pre-internet, but it is tough to say. In any event, the point is a company will most likely not pursue you if you do not meet the 3 listed parameters above. The logic is that you are helping them increase their notoriety regardless of your outcome as a fan game maker. Although most people are capitalists you gotta believe there are still some true artists out there who are more honored to see their brain candy put into another medium, than angered. Again it's all about money though. Ultimately if you gain no profit from their copyright they can not sue for compensation unless they can prove you took from their potential profit stream in a noticeable percent. They would sue for you to remove your work that contains their copyrighted material, and most likely compensation for court fees, which they would win. In conclusion, as long we all make sure to use others licenses with respect to the original then there should be no worry for legal recourse. 5 Arkbennett, Bigace360, kellessdee and 1 other reacted to this Share this post Link to post Share on other sites
Polraudio 122 Report post Posted October 24, 2011 Very good points Jon Bon. Don't think i could have said it better.' Company's can care less unless your making a profit. Share this post Link to post Share on other sites
Bob423 52 Report post Posted October 24, 2011 i have only one thing to say...we're both making fan games rko. nuff said :P Share this post Link to post Share on other sites
Bigace360 38 Report post Posted October 25, 2011 +1 to Jon Bon Techniqully why should a couple waste time with you if it isn't ruining their business. As long as you're not making a profit, they could almost think it as a promotion to their company as long as it doesn't hurt them. Now if they told me take their stuff out my game (final fantasy music), then I would do it since I don't have the rights to say I don't have to. Share this post Link to post Share on other sites
kellessdee 48 Report post Posted October 25, 2011 What jon bon said. Also, another factor (from what I have seen anyways), seems to be popularity/scope of the fan game. For example, there was a 3d chrono trigger remake project that got really big a while back (Chrono Trigger Resurrection), and the makers received a cease and desist letter from Square Enix... Although, tbh, I am not sure the real reasoning behind the cease and desist: whether the cause was popularity, the fact that it was a direct remake or if it was just because it was square enix.... There was also an Ocarina of Time 2d Remake in the works. However, I am not entirely sure if a cease and desist letter was the cause of the game's cancellation. I think it was just that the makers gave up on the project, but there were rumors of a cease and desist letter. I'm not sure the specific details (as I am unfortunately fairly ignorant to law xD) but I do know one thing: I'd hate to get large amounts of work done on a fan game, only to be ordered to cease and desist :( Share this post Link to post Share on other sites
GrimmHallows 17 Report post Posted November 2, 2011 Personally, I actually think that fan games could work to the publishers and game creators advantage; free advertising of thier product. Just saying . . . People make thier games into new games using thier characters, and remind people of the companies games. personally, i wouldn't care if someone made a fan game of one of my games, and even if they were making money, I think I'd just ask them to give me a percentage of the profits, you know? But that's my opinion, -Grimm Share this post Link to post Share on other sites
Polraudio 122 Report post Posted November 2, 2011 Personally, I actually think that fan games could work to the publishers and game creators advantage; free advertising of thier product. Just saying . . . People make thier games into new games using thier characters, and remind people of the companies games. personally, i wouldn't care if someone made a fan game of one of my games, and even if they were making money, I think I'd just ask them to give me a percentage of the profits, you know? But that's my opinion, -Grimm What if they make/sell a bad game? If they make a bad game it would look bad on you and hurt your sales. Even after suing them your rep and sales wont be fixed by much unless you make your court case known by pushing it into the news. Most game companies keep this stuff in the dark. Share this post Link to post Share on other sites
GrimmHallows 17 Report post Posted November 3, 2011 What if they make/sell a bad game? If they make a bad game it would look bad on you and hurt your sales. Even after suing them your rep and sales wont be fixed by much unless you make your court case known by pushing it into the news. Most game companies keep this stuff in the dark. Yes, I agree on that, to be honest, but I still stand by my point regardless; after all, the bad games should get the dreaded "Cease and desist" letters, not the good ones -Grimm Share this post Link to post Share on other sites
Jon Bon 43 Report post Posted November 3, 2011 Yes, I agree on that, to be honest, but I still stand by my point regardless; after all, the bad games should get the dreaded "Cease and desist" letters, not the good ones -Grimm What if the fan game turns out better than the official? As an investor wouldn't you want it taken down? When I mentioned potential profit, that pretty much covers every other reason mentioned. If you are generating millions of people worth of traffic for your fan project, that would mean those people are potentially not visiting the official one. You are in theory stealing 'buzz' from the original work. So even if your work is free, if it generates more traffic then the original work and people(customers) are there doing that for free, then they are not spending money on the official. This is how it would most likely be viewed in court. Share this post Link to post Share on other sites
kellessdee 48 Report post Posted November 3, 2011 Yea Jon Bon is right. I have only seen popular fan games get cease and desist letters. Besides, if you played a terrible fangame/knockoff/remake, would that make you dislike the original anymore? or the company that made the original? No, because it wasn't their creation. And besides, if the game is bad, what are the chances that it would get big enough for the original creator to care? Or even find out about it? And like Jon Bon said, if the project is gathering large amounts of traffic, it can be seen as a threat by the original creator. The creator does not lose reputation if someone makes a bad fangame, but they probably will if someone makes a fangame BETTER than the original. Share this post Link to post Share on other sites
madanchi 18 Report post Posted November 3, 2011 over at SonicRetro there was a great sonic fan game called Sonic Fan Remix and it was amazing, got loads of attention, popularity, feedback etc and I think even Sega commented about it being great - Sega casually visit SonicRetro forums anyways, nothing got done to them Share this post Link to post Share on other sites
