Hey, I was watching some gameplay of an old game and since I just finished a project, I wanted to recreate this game. I would remake all the assets - exactly like the game, and give the game the same settings, characters, etc. I would not sell this game at all. Is this legal? I would love to put up some pictures of my recreation but I’m not sure if I have to do this secretly or something. I do not wanna get sued. What are my limitations? Can I let people play it? Can I let people download it and keep it without asking for any money? It would be a shame if I made it and wouldn’t let anyone see it.
I believe that if the characters, setting, and especially name were the same, it would fall under the original owner’s copyright. So they definitely could prevent it being released, and some companies have, even for non-commercial fan works.
General concepts are usually not copyrightable, so if you didn’t use any of their names, and the characters/setting were distinct enough not to be a direct copy, you’d probably be fine. However, I’m not a lawyer, so take this with a grain of salt.
There is definitely a line that you would cross if you made this project. Keep in mind that I am not a lawyer, but what I would say is:
Making the project for you, on your computer, and playing it would not get you in trouble.
Allowing your friend to play it on your computer would not get you into trouble.
Posting videos online of your gameplay MIGHT get you in trouble. Even with disclaimers, you are misrepresenting someone else’s IP and companies have a right and an obligation to protect their IP.
Allowing the game to be downloaded by others (distributing), even for free, would definitely get you in trouble.
In the end, its up to the company in question to protect their IP.
Get permission first. Otherwise don’t.
But in all honesty, why not create your own game and use this game you mention as inspiration.
If I were to send the finished project to the company would I get in trouble?
So long as it’s just for yourself and doesn’t get into general circulation you’re ok, but don’t presume that a friend won’t give it to someone else and it suddenly ends up all over the place. I’ve made clones of popular classics before for friends to play; I don’t think Atari will ever come knocking because I made my niece a version of Pacman or Galaxians to entertain my mates.
That said, lawyers will take every penny they can get, and the smaller you are, the easier it is to claw that ice cream from your paws.
+1. Why recreate a game that someone else has already done when you can make your own and make it exactly how you want it? I mean, haven’t you ever said “Wouldn’t it be cool if this was like Frogger, but you’re on top of trains balancing a bowl of soup?” You can build on the ideas of others, but you’ve got to do something to make it your own.
Yes.
By recreating, I meant that I would create a sequel. I loved that game and they unfortunately stopped the series due to budgets and all. Oh well, it doesn’t matter.
I did a pretty much verbatim version of Marble Madness cept with fancy 3D graphics for android with Unity quite a while ago, still on the Play store, making no money but not had any complaints, in fact some very heartwarming reviews, which reminds me I should go check how its doing
Anyways, do a search for the game and look for any copyright or licenses it adheres to, the information is usually somewhere, but unless you’re making big bucks from your game I don’t see why you should get any trouble. Ironically I did the game in honour of its creator, Mark Cerny, who originally wasnt credited for creating the game for years, Atari were dicks like that
Only if you distribute it (free or paid). You recreating a game isn’t going to cause the owners of that game to lose any money - assuming your copy isn’t pirated - and therefore there’s no money to sue you over. If you distribute it though, the owners may see that as a threat to their sales.