14 replies to this topic

[GameStar18]

Hey GM community! I have been working with Game Maker for over 5 years now and was wondering if anyone knew anything about selling games. I couldn't find anything through the search on these forums so if anyone knows if there is another topic with answers to my questions then please let me know.

I plan on making a 3D side-scrolling rpg platformer with Mario as the base character only I plan on making many edits to him such as removing his hat, changing the color of his cloths, editing a few facial features, and changing the color of his eyes. I will also give him my own animations. Same goes for all of the enemies. Starting with like a goomba, and others for base then changing their look and color as well as giving them my own animations. A different name will be given to everyone as well of course. Implementing my own game ideas and story such as a small combo and item system. For environments I will make my own backgrounds with 3DS Max and the terrain maker by the someone on these forums. For music does anyone know if I could use original Nintendo music then remix it? That probably wouldn't do I am guessing but I am not sure. Items will also be done the same way as well as my own voices and non-copywrighted sound effects and textures. That will have to do for music as well.

With that said does anyone know if that game would be legal to sell? Or what am I missing? I am wondering what more experts in that area know on this.

Thanks for any help!

[11clock]

I've never sold a game, but I can tell you that ripped graphics, even if you edit them, will cause a law suit to be shoved up your butt.

Edited by 11clock, 26 February 2012 - 02:52 AM.

[PetzI]

This is the kind of cancer that makes most games (indie or mainstream) ****. People with no ideas and little talent who just want to make a few easy bucks. Why don't you try being original instead of wondering how much stealing you can get away with? It's even more disgusting than all those fan games lying around to know that some people are actually considering trying to sell that kind of crap. At least of those fan games' authors have the common sense to understand that ripped off games can't and shouldn't be sold. I know I'm being overly harsh, but this is exactly the kind of thing independent games are supposed to counter.

If you don't have the necessary skills to create your own assets, you probably don't have the skills to butcher Nintendos' assets into something decent, either. Also, this:

I've never sold a game, but I can tell you that ripped graphics, even if you edit them, will cause a law suit to be shoved up your butt.

Edited by PetzI, 26 February 2012 - 11:07 AM.

[Nocturne]

Ermm... Guys, READ his post! He doesn't say he is going to rip anything! His post says :

I plan on making a 3D side-scrolling rpg platformer with Mario as the base character only I plan on making many edits to him such as removing his hat, changing the color of his cloths, editing a few facial features, and changing the color of his eyes. I will also give him my own animations. Same goes for all of the enemies. Starting with like a goomba, and others for base then changing their look and color as well as giving them my own animations. A different name will be given to everyone as well of course.

So, basically, he is doing the same as almost every other platform game created since Mario!!! That's not illegal, just un-original...

[Zesterer]

In my experience, games only sell well if they have amazing graphics, amazing gameplay, a good plot (if there is one), and good advertising. But the game really need a crazy, fun quirk that puts it apart from all other games. Otherwise I doubt it will sell well.

[shledder]

I plan on making a 3D side-scrolling rpg platformer with Mario as the base character only I plan on making many edits to him such as removing his hat, changing the color of his cloths, editing a few facial features, and changing the color of his eyes. I will also give him my own animations. Same goes for all of the enemies. Starting with like a goomba, and others for base then changing their look and color as well as giving them my own animations. A different name will be given to everyone as well of course.

I know he is planning to change things about him, but it depends how far you're taking the changes. I will point you to the case of White vs Samsung Electronics. This set a precedence in which if it resembles Mario (it only needs to resemble him to the point where people look at it and go "it's Mario but this guy drew him wrong), you're going to have a lawsuit.

I'll also point you to the Lanham Act, as well as Wal-Mart Stores vs Samara Brothers Inc. Essentially, these make it so if you use the Mario sprite/animations and just make a few mods or color changes, you are still committing copyright infringement.

Please for everybody's sake, you can make a platformer that uses the Mario setup (it pretty much defined the basic formula for platformers) but make EVERYTHING different and use your OWN IDEAS!!!

[kburkhart84]

Yeah, you can't copyright gameplay, but you can copyright graphics. You can make a guy kill enemies by jumping on them, and shoot fireballs, but He simply can't look like Mario, and the enemies can't look like goombas.

[GameStar18]

Thanks for all of the input guys. I had a feeling it probably wouldn't fly but I just had to ask.

I plan on making a 3D side-scrolling rpg platformer with Mario as the base character only I plan on making many edits to him such as removing his hat, changing the color of his cloths, editing a few facial features, and changing the color of his eyes. I will also give him my own animations. Same goes for all of the enemies. Starting with like a goomba, and others for base then changing their look and color as well as giving them my own animations. A different name will be given to everyone as well of course.

I know he is planning to change things about him, but it depends how far you're taking the changes. I will point you to the case of White vs Samsung Electronics. This set a precedence in which if it resembles Mario (it only needs to resemble him to the point where people look at it and go "it's Mario but this guy drew him wrong), you're going to have a lawsuit.

I'll also point you to the Lanham Act, as well as Wal-Mart Stores vs Samara Brothers Inc. Essentially, these make it so if you use the Mario sprite/animations and just make a few mods or color changes, you are still committing copyright infringement.

Please for everybody's sake, you can make a platformer that uses the Mario setup (it pretty much defined the basic formula for platformers) but make EVERYTHING different and use your OWN IDEAS!!!

I was planning on using my own ideas like I mentioned. I guess I didn't go into enough details. The game would be much different than a regular Mario platformer as I didn't plan on that at all but rather a 3D side-scrolling rpg platformer with weapons. But anywho it's cool. Thanks for the input from all of you! I won't be doing this anymore. I thought I had seen somewhere if you do massive edits to something like Mario it can be ok but it doesn't change anything. I am trying to remember where I had seen that exactly.

[shledder]

I suppose maybe I'm not 100% on what you're making then. You say it would be different than a regular Mario platformer, which you're in the clear on. Nobody can patent a game style, but the tiles, characters and coding are copyrighted.

Now when you say massive edits to "something like Mario" are we talking about a Super Mario Bros game, or Mario the actual character from the game? If the plan is just to do massive edits to the character/sprites/3d models of Mario the character, I think you should be able to draw your own (or commission one the many talented artist on these forums). If you mean getting a ROM or a pre-made Super Mario Bros game, you won't have the right to sell it UNLESS you get the rights from the person who made it AND they can show they have the legal rights to sell it.

On a side note, you can distribute the game for free and not have to worry about a lawsuit. Or you can go ahead with it and hope you will only get a cease and desist rather than a suit with punitive damages. As a current senior in law classes, I would HIGHLY recommend against it; ultimately it is your choice.

[Yal]

I think I read somewhere that to some extent, you are allowed to use characters and stuff you don't own under the "fair use" department of Parody. I doubt Mario games are easy to make fun parodies of, though, so you'd better off if you took Zelda and made insane/senseless spoofs of cliches the game sports; for instance you could replace the Triforce with something named the "3 Golden Balls", make the character a blue-tunic fairy named Wink whose job is to make people fall asleep (and e.g. go to dungeons in their mind), and them put in a bunch of NPCs saying stuff like "Eastmost peninsula is the secret!" and "I am Error."

Also, you collect Parts Of Heart to get more life (make the hearts extend vertically instead of horizontally in the HUD, too), and these parts aren't smaller hearts in normal Heart Container big hearts, they're vertical slices or a Heart Container.

Then let's mix in some Mario elements!

The money currency in the country could be golden coins, and the best way to earn money is to smash brickwalls. You should make big parts of the game world be made of hovering brickwalls populated by walking venus firetrap flowers that spit fireballs on you. Also, whenever there is a boss battle, you have to slide down a flagpole (in the room you unlock with the Boss Key) to reach the boss arena.

[=(:5/7A!I:)=]

Hi GameStar 18,

Don't be put off by people saying you shouldn't be stealing ideas etc.
If you can make something suitably different to the materials you made use of, you should be fine.
Just make sure you're not only focusing on profit. Try and add a little spark to your designs, at least it makes the job more fun.

Really, a Game Maker Community encourages diversity of people/games so it can't be expected for every individual to have a unique ip. But then most don't sell for profit, so really you need something a bit special... mind you it would be interesting to see someone succeeding with something really generic... to see it shoved in people's faces. Hehe, now that's real gaming culture.

[GameStar18]

Hey, great replies again! Thanks for being so clear on that shledder. That gave me a better understanding of what can be done and what shouldn't be. I hadn't thought about some of the artists on here for some help but that's ok. I am using the Mario Sports Mix models in 3DS Max and rendering them into sprites. It works really well but takes a long time. I am making some Mario games now with my own ideas, can't sell them though and that's totally fine. A few extra bucks is indeed not worth the amount of time and effort by myself to go into something like that. I hope to get a video up as I just finished one I had been working on for almost 6 months. I really enjoy how the next one is coming along too. Ha yeah and Yai I agree that was kind of what I had in mind by changing things up like that with my own ideas.

Indeed it would be interesting to see succeeding with someone who could pull off something really generic and creative. Thanks for your input too!

[Yal]

...something really generic and creative...

It's quite hard to unify two antipodes like that. It's like wanting to have a scorching iceberg.

[GameStar18]

I have decided I really want to look into creating all my own things after all. I have looked into it a little bit and haven't had much luck so far for stuff that could be useful for making characters and stuff for a Game Maker game. I was just wondering if anyone knew any good programs for say creating your own 3D characters, music, sounds, etc. that could be used for a Game Maker game. Or if there is a topic about this already point me in that direction. Thanks!

[Yal]

I wouldn't recommend you to work with 3D characters, since it's so much work making 3D models! If you want to "look into creating my own things", you should start with trying to aim for quantity over quality so you can try as much different games as possible! Doing so will be very efficient in finding what you love to do, and once you know what you love to do, just work with that.

I'd say it would be a good idea to work with 16x16 graphics, because it's both faster and easier to make 16x16 sprites look good than it is with larger sprites. (Obviously you can make bigger sprites when you need to, for bosses etc, but I mean that you should build your game with a 16x16 graphics grid in mind and make most sprites and tiles that size)