Can I use a character from another video game in MY OWN-MADE GAME?

[r3unite]

Just like the title says. For commercial use of course.

To be exact i want to use Toby Fox's Sans from Undertale and Deltarune in my own new game. Would that be legal? Do i need to buy the entire character from him? Or the entire game from him?! Or can i get like a copyright license from him to do that?

What do I need to do?

Help much appreciated.

 

[TigerD]

Just like the title says. For commercial use of course.

To be exact i want to use Toby Fox's Sans from Undertale and Deltarune in my own new game. Would that be legal? Do i need to buy the entire character from him? Or the entire game from him?! Or can i get like a copyright license from him to do that?

What do I need to do?

Help much appreciated.

Of course, you can approach the copyright holder and seek to make a deal. They may license your use or not. But you would need to talk to them.

TD

 

[r3unite]

Of course, you can approach the copyright holder and seek to make a deal. They may license your use or not. But you would need to talk to them.

TD

Understood, but how do i prove that i have a license? If I ever need to, that is.

 

[Taxing Matters]

Understood, but how do i prove that i have a license? If I ever need to, that is.

First, you'll likely need to license both the copyright in the character and the trademark, too. As for proof, get the license in writing. It would be a very good idea for you to have an intellectual property lawyer draft that for you to ensure it is rock solid. And all that assumes that the holder of those rights is willing to license it in the first place. Why not simply invent your own characters rather than undertaking the cost and trouble of a license? As a gamer myself I prefer to see new games offer original characters, stories and game play rather than rehashing what has already been done by someone else.

 

[justalayman]

Understood, but how do i prove that i have a license? If I ever need to, that is.

You pull out the contract you and the copyright owner have jointly signed and show whomever is requiring it.

 

[r3unite]

First, you'll likely need to license both the copyright in the character and the trademark, too. As for proof, get the license in writing. It would be a very good idea for you to have an intellectual property lawyer draft that for you to ensure it is rock solid. And all that assumes that the holder of those rights is willing to license it in the first place. Why not simply invent your own characters rather than undertaking the cost and trouble of a license? As a gamer myself I prefer to see new games offer original characters, stories and game play rather than rehashing what has already been done by someone else.

It's a rather complicated approach, i know, but i visualise that doing it would have a positive impact on both my game and his. Also i just need this one character because its special personalities that it is able to teleport between different "universes" (games in this instance), and I think it will increase the popularity of these personalities.

 

[justalayman]

It's a rather complicated approach, i know, but i visualise that doing it would have a positive impact on both my game and his. Also i just need this one character because its special personalities that it is able to teleport between different "universes" (games in this instance), and I think it will increase the popularity of these personalities.

Then you try to sell your reasoning to the ower of the rights.

It’s usually a difficult sell since the owner often is relinquishing some control of his product in alllowing others to use it.


Of course you must realize that, since you are dealing in fantasy, any character can do whatever you think they can do. You can create your own character than can teleport to anywhere and any time you choose.

 

[r3unite]

Then you try to sell your reasoning to the ower of the rights.

It’s usually a difficult sell since the owner often is relinquishing some control of his product in alllowing others to use it.


Of course you must realize that, since you are dealing in fantasy, any character can do whatever you think they can do. You can create your own character than can teleport to anywhere and any time you choose.

Basically saying, i want to make proof that this specific character can travel between games not specifically made by toby fox.

 

[Taxing Matters]

Also i just need this one character because its special personalities that it is able to teleport between different "universes" (games in this instance), and I think it will increase the popularity of these personalities.

As for personality of the character, why be locked into the personality of that one when you are free to create a character of your own that has its own great personality? If your game is a hit and you need to use that same character again in a sequel, that license for the next game will cost you a whole lot more. But if you create your own popular character you won't have to pay for licensing and, moreover, you can reap all the benefits from sales of merchandise, cross-promotion, etc, that use your character, not someone else.

Your character can have whatever powers you want it to have. Again, why limit yourself to the powers of someone else's character? Be creative and give the character some interesting powers of your own to make it stand out from what others have done. Sure, being unique requires a bit more effort, but if you get it right you'll get a lot better pay off in the end.

 

[justalayman]

Basically saying, i want to make proof that this specific character can travel between games not specifically made by toby fox.

I just created a character.

Super j


He can travel anywhere through time, forward or back and can enter into any imagined realm (marvel, dc, Toby Fox, hyrule, alpha halo, Gaia, and any other).

See how simple that was?

 

[r3unite]

Yes, but i don't see that character anywhere in tobies games, or marvel, dc animations. Understand my concern?

 

[PayrollHRGuy]

I think the chance of Toby Fox licensing a character for your use are slim unless you show up with a big bag of cash.

 

[justalayman]

Yes, but i don't see that character anywhere in tobies games, or marvel, dc animations. Understand my concern?

So it isn’t the powers the character has but the specific character and the tobies games world you want to be able to use.

Plan on paying heavily for the use of the character if you are allowed to use it at all.

 

[r3unite]

thank you for your advice

 

[quincy]

Just like the title says. For commercial use of course.

To be exact i want to use Toby Fox's Sans from Undertale and Deltarune in my own new game. Would that be legal? Do i need to buy the entire character from him? Or the entire game from him?! Or can i get like a copyright license from him to do that?

What do I need to do?

Help much appreciated.

Toby Fox when creating his game was inspired by many other game makers, including the Mario and Luigi series. Ideas cannot be copyrighted so your inspiration when creating your own game can come from anywhere, including Toby Fox's Undertale and the character Sans.

What you cannot do without express authorization from Toby Fox, however, is copy Tony Fox's expression of his game and characters. Copying is infringement and can get you sued.

Because Undertale is an award-winning game that has resulted in expanded commercial exploitation by Fox (e.g., toys), it is unlikely that Fox will want to license aspects of his popular, money-making work to others.

I recommend you take what inspiration you can from Undertale and create your own game universe peopled with your own creative and original characters.

Good luck.