What does the law say about fan games?

[Camellias]

What is the name of your state?
Florida

I'm wondering whether or not I would be within legal bounds to create a fan game of someone else's franchise, assuming I explicitly state that I do not own the franchise and am not licensed or endorsed by the copyright holder, and all of the assets and code are my own. Would that be enough for it to be okay, or is there more, or is there really no way to make a fan game legally at all without actually being licensed by the copyright holder?

 

[quincy]

What is the name of your state?
Florida

I'm wondering whether or not I would be within legal bounds to create a fan game of someone else's franchise, assuming I explicitly state that I do not own the franchise and am not licensed or endorsed by the copyright holder, and all of the assets and code are my own. Would that be enough for it to be okay, or is there more, or is there really no way to make a fan game legally at all without actually being licensed by the copyright holder?

You would need permission from not only the holder(s) of the copyrights but also permission from the holder(s) of the trademarks.

These permissions are most often granted in the form of a license. The terms and conditions of these licenses vary.

 

[Camellias]

You would need permission from not only the holder(s) of the copyrights but also permission from the holder(s) of the trademarks.

These permissions are most often granted in the form of a license. The terms and conditions of these licenses vary.

Alright, that's what I thought, but just wanted to be sure. Thank you

 

[quincy]

Alright, that's what I thought, but just wanted to be sure. Thank you

You’re welcome, Carmellias. I appreciate the thanks.

You might consider using your talents to come up with a game unique to you. The idea for your own game can be influenced by the existing game play but your characters and other protected elements of the original game cannot be copied.

Good luck.

 

[Camellias]

You’re welcome, Carmellias. I appreciate the thanks.

You might consider using your talents to come up with a game unique to you. The idea for your own game can be influenced by the existing game play but your characters and other protected elements of the original game cannot be copied.

Good luck.

Slight problem there. Make a game similar to Pokemon in play and atmosphere, and everyone wants nothing to do with it ^^;

But there are other ideas that I have that are more original, so I'll just focus my efforts on those instead. Again, thank you for responding, especially so quickly.

 

[quincy]

Slight problem there. Make a game similar to Pokemon in play and atmosphere, and everyone wants nothing to do with it ^^;

But there are other ideas that I have that are more original, so I'll just focus my efforts on those instead. Again, thank you for responding, especially so quickly.

Pokémon game play might be hard to duplicate successfully. And the characters are vigorously protected by the rights-holders (Nintendo, Game Freak, Creatures) as the revenue generated from the game is enormous.

I think you are smart to focus your efforts and energies on your original ideas. Large famous companies have large skilled legal teams just sitting around waiting to sue infringers.

Good luck.