29 replies to this topic

[karamja007]

I want to know if I could use pokemon as the characters in the game without running into copy right laws.If I couldn't,


what would it take to have permission.

..The concept of the game and the battle system of this game are different
, but the chasing and hunting of pokemon are the same,
and I plan it to be an online game



..Need help guys..

[Zeddy]

I want to know if I could use pokemon as the characters in the game without running into copy right laws.If I couldn't, what would it take to have permission.

-No.
-A contract with Nintendo.

[9_6]

what would it take to have permission.

...asking for permission?

[karamja007]

-No.
-A contract with Nintendo.

..so I need to create my own characters?..

[karamja007]

...asking for permission?

..yes,, if i couldn't use the pokemon characters. absolutely, I'm asking for permission..

[PetzI]

In theory you can't use them, but in practice, Nintendo has a lot better things to do than bother with little fangames people make. As long as no money is involved and you're not trying to pass it off as an official product, it will fall under "Fair Use" and they'll leave you alone. So yeah, don't go trying to make money out of it and make sure people understand it's not a Nintendo product.

Edited by PetzI, 16 April 2012 - 12:45 AM.

[Bytewin]

Nintendo, as with most game companies, love fangames, so it's pretty much okay as long as you don't sell it. Not according to the law but Nintendo will look the other way unless your game is controversial or commercial.

[Zeddy]

Nintendo, as with most game companies, love fangames

No they very well don't.

[Bytewin]

Nintendo, as with most game companies, love fangames

No they very well don't.

Protection of IP and such, well, sucks . Unfortunately, it's just like Bethesda with fallout-posters.org and Mojang's game, Scrolls. They have to protect their trademark, sadly. But I don't think a small fangame would be any trouble.

[9_6]

But I don't think a small fangame would be any trouble.

You can never tell for sure.
If they decide to be arbitrary pricks then they instantly got you by the balls. They got the law on their side.
It's why you shouldn't put any considerable amount of effort into a fan creation.
If it's too popular, it's as good as gone and you have no real control over that kind of thing.

[karamja007]

...How about, if I'm going to use the word pokemon as the title of my game..

for example,

..Pokemon something..is it okay to use the name pokemon as the title?..

..I'm not going to use the characters anymore..

..is it okay to put Pokemon (word)to my title?

Edited by karamja007, 19 April 2012 - 12:36 PM.

[Zeddy]

..Pokemon something..is it okay to use the name pokemon as the title?..

No. Even something has harmless as naming your game "Scrolls" can get you a cease and decist from the creators of The Elder Scrolls.

[karamja007]

No. Even something has harmless as naming your game "Scrolls" can get you a cease and decist from the creators of The Elder Scrolls.

..Thank you for the Information

[Markonicus]

Basically, you're best off not using any trademarked resources or names in your own games.

Most small games go unnoticed, but as soon as any fan game, or any game made using their resources/names, becomes tiny bit popular, you get a cease-and-desist letter which means: Stop working on that game or we will sue you so hard your grand-grand children will be paying us back.
Most companies who own trademarked names or characters don't allow their use by anyone.

So if you're up for making sprites then it's best to make original sprites or use some available for free.

[Yal]

If you really want to use someone else's work, you could use content from Touhou games. According to Saijee the maker of the games, ZUN, allows you to use the resources even in games you sell, as long as you don't claim that your works are official.

[roytheshort]

If you really want to use someone else's work, you could use content from Touhou games. According to Saijee the maker of the games, ZUN, allows you to use the resources even in games you sell, as long as you don't claim that your works are official.

Said the Creator of KirbyVania

Little ironic don't you think?

[ugriffin]

Moved to distributing games.

[CrazyGuyGames]

Give credit, make sure there is a big text in the menu and credist that says:
"I don't own any of these characters, all they are copyrighted by Nintendo"
something like that (but I don't think big companies will go suing every fangame in the internet but well).

[NakedPaulToast]

Give credit, make sure there is a big text in the menu and credist that says:
"I don't own any of these characters, all they are copyrighted by Nintendo"
something like that (but I don't think big companies will go suing every fangame in the internet but well).

Why do people think that giving credit allows them to infringe on copyright?

[Yal]

Why do people think that giving credit allows them to infringe on copyright?

How should I know? The best rational explanation I can come up with is a line of reasoning like this: "OK, I stole this, but I told you what I got it from. So if you don't want the crap I've produced but like the stuff I stole, you can go there and get the real stuff. See, I gave them free advertisements, they should be glad!"

But of course there's a big flaw in this reasoning: still, you're infringing copyright and doing stuff without prior permission.