It seems that you're using an outdated browser. Some things may not work as they should (or don't work at all).
We suggest you upgrade newer and better browser like: Chrome, Firefox, Internet Explorer or Opera

×
Community
General discussion (archive)Are fan games legal?(80 posts)(80 posts)
(80 posts)
Pages:
1
2
3
4
5
6
This is my favourite topic
Posted July 07, 2011
i see quite a few of them on the web, but I really am not sure if they are legal or not? I mean wouldn't that be breaking some kind of IP law or something?
No posts in this topic were marked as the solution yet. If you can help, add your reply
Posted July 07, 2011
You mean fan-made mods using the original game's assets? For most games those are not illegal unless you try to sell them.
Posted July 07, 2011
avatar
Lorfean: You mean fan-made mods using the original game's assets? For most games those are not illegal unless you try to sell them.
No I mean fan games... not mods.


Ex. http://www.youtube.com/watch?v=1U2njsRhaDA
Post edited July 07, 2011 by Roberttitus
Posted July 07, 2011
avatar
Lorfean: You mean fan-made mods using the original game's assets? For most games those are not illegal unless you try to sell them.
avatar
Roberttitus: No I mean fan games... not mods.
You mean, for example, if someone tried to make Baldur's Gate III by themselves and release it online?

Yes, in most cases that's illegal and breaks IP laws, etc. And in many cases projects like that are stopped by whoever owns the rights, which, in case of the BG3 example would probably be Wizards of the Coast and Atari.
Post edited July 07, 2011 by Lorfean
Posted July 07, 2011
avatar
Lorfean: You mean, for example, if someone tried to make Baldur's Gate III by themselves and release it online?

Yes, in most cases that's illegal and breaks IP laws, etc. And in many cases projects like that are stopped by whoever owns the rights, which, in case of the BG3 example would probably be Wizards of the Coast and Atari.
No... I don't mean remaking a game. What I mean is making a standalone title using pre existing characters. Once again i would like to refer you to the link I posted in my last response.
Posted July 07, 2011
Depends what assets the fan games use.

Fan games are not allowed to use any of the stuff (data,music,drawings) from the original game unless the original publisher/developer/author gives his or her blessing or the source code is open source.

Beyond that, fan games are a legal gray area. Fan games have occasionally been threatened with legal action, but they are usually alright in most instances.

A good example of a fan game that received blessing from the original publisher and therefore is legal: Ragnarok Battle Online (based on Ragnarok Online)

A good example of a "fan" game that is legal because it uses its own assets: 3d Dot game Heroes (obviously based on the Zelda games)

A good example of a fan game that was threatened with legal action: 3D Chrono Trigger Remake

If a fan game hasn't been threatened with legal action, chances are the publishers are ok with it.
Posted July 07, 2011
avatar
Lorfean: You mean, for example, if someone tried to make Baldur's Gate III by themselves and release it online?

Yes, in most cases that's illegal and breaks IP laws, etc. And in many cases projects like that are stopped by whoever owns the rights, which, in case of the BG3 example would probably be Wizards of the Coast and Atari.
avatar
Roberttitus: No... I don't mean remaking a game. What I mean is making a standalone title using pre existing characters. Once again i would like to refer you to the link I posted in my last response.
Baldur's Gate III doesn't exist... So my example fits your description.
Posted July 07, 2011
It is absolutely illegal to use the IP of someone else without his permission, and even worse if you use the original graphics.
Posted July 07, 2011
Fan games aren't defacto illegal because they're not commercial works, otherwise someone just drawing a picture of an existing character would be an illegal act. However copyright holders still have the right to stop large fan projects on the grounds that it could be confused with official releases.
Posted July 07, 2011
I agree with UBIvis here, but ultimately I guess you have to assess each game individually, that's why they come with EULAs.
Posted July 07, 2011
It all comes down to what the original owner of the rights allows you, a fan, to do with said rights. If he makes it clear, in legal writing, that he will not take legal action in case you make a game with their IP in it, then you're in the green. As I see it, very few games come with this get out of jail free card, at least in the first few years of life.
Posted July 07, 2011
avatar
Egotomb: I agree with UBIvis here, but ultimately I guess you have to assess each game individually, that's why they come with EULAs.
EULAs don't even enter into it, it's copyright law. Under copyright law you have limited fair use rights, that is a right to use that copyright non-commercially, with various clauses relating to how much of the work you're reproducing and whether it could feasibly impact on the market of the original work.

It's the latter part that almost all shutdown fangames fall foul of.
Post edited July 07, 2011 by Gremmi
Posted July 07, 2011
Well damn...

Alright. I was just looking for some Freeware Zelda-esque games & the only things that I can find are Fan games (besides Guardian of Paradise... which really isn't as much of a Zelda clone as some would like to make you think). Sucks that it is illegal but oh well...
Posted July 07, 2011
May I recommend Dink Smallwood? http://en.wikipedia.org/wiki/Dink_Smallwood
Posted July 07, 2011
I'm with the "it's not legal" crowd, but most publishers will look away from them. There are exceptions of course, like EA getting the System shock fan project as Mod for Doom 3 pulled and such.
Pages:
1
2
3
4
5
6
This is my favourite topic
Community
General discussion (archive)Are fan games legal?(80 posts)(80 posts)
(80 posts)