Legality of making a game based on an old TV show

[Dadalus]

Hi all, this is my first post so I hope this is the right forum.

I have a simple question, what is the legality of creating a game based on an old TV show (80s cartoon)? The game I'm developing started out as a simple project to learn the ins an outs of AGS, it has become something of an addiction and I would like to eventually share it with others. It would be free and something of a homage to the original. Would sharing it have any legal issues?

Any ideas and suggestions would be gratefully received.

[Ghost]

The simple answer is, of course, that using an established brand is always copyright infringement, and thus illegal. That being said, there are some ways to work around this but it's always a bit of a "grey zone".

"Fair use" allows you to refer an existing brand. Freeware games *tend* to be overlooked because no money is earned by the infringement. Using original art instead of plain rips is helpful too (because now at least you're not stealing artwork).

Sometimes a copyright has expired too- in that case nobody could sue you because nobody OWNS the brand.

Bottom line:
It's pretty much always at least partly illegal.
It's also often simply not WORTH the effort to shoot you down for a FREEWARE game.

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edit:
A, tandem post with mOds. I used more paragraphs, though

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edit:

What show, by the way? is it Ulysees 31 OR Captain Future? Or probably MASK?

[m0ds]

Very true Ghost.  edit - made my point

[Ghost]

All good points, m0ds- I admit I'm a bit dated on that respect. The "Studio vs One Guy" thing is probably the strongest argument. I did not know about the "3 reasons" thing, that sure is interesting!

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Most importantly, IS it M.A.S.K.???

[Dadalus]

Thanks for the swift and concise replies.

What your saying is generally what I thought.

The game is intended to be pretty faithful to the original, I chose a cartoon so I had a frame of reference for artwork & characters. As stated my intent is to learn the ins and outs of AGS without the added difficulties of creating original artwork etc. I will release it when its finished and hopefully not tread on too many toes.

The show its based on is a British cartoon, and has a very English comedy style. Though being from the 80s its stereotyping of ethnic characters disturbs my fond childhood memories. I don't want to reveal too much as I don't want to tease a game that may never be released. When I'm more confident that I'll be able to complete it I'll post an announcement.

Thanks again for your counsel.

[selmiak]

just do it. And damned, tell us which tvshow it is about! Captain future would indeed be cool. Or saber rider. Or some obscure japanese tvseries noone has ever heard about and that i need to watch then. and they would probably be proud and not sue you...

[Intense Degree]

... British cartoon... very English comedy style... from the 80s...

Please be Duckula! *crosses fingers

[AGA]

Danger Mouse?

[Seventeen Uncles]

im calling it: BananaMan.

[Mandle]

im calling it: BananaMan.

I remember that one! "The Goodies" did the voices for it! Pretty funny show...hope I can check out your project if you choose to release it...

[CaptainD]

Do you get to play as both Eric and Bananaman?!?!  Awesome!

I stumbled upon news that they're making a movie out of this though, which would seem to make it more likely that someone could be on your tail for copyright infringement. 

[Dadalus]

Intense Degree & AGA. Well done from such small clues. Yes its DM (with a little Duckula). Didn't want to reveal that at this stage as its very early in its development, but couldnt leave your guesses just hanging there. Guess I'll have to post an announcement earlier than  I'd wanted to.

[Stupot]

Just do it Dadalus.  Chance of actually getting told to stop are very slim, and if that happens then just take it on the chin, change the characters names and release it anyway

As for Bananaman, there is already a BM AGS game, but it's unrelated to the Eric one we watched as kids.

[Dadalus]

I've posted an announcement in 'AGS Games in Production'.

Thanks for the encouragement all.

[Fitz]

... British cartoon... very English comedy style... from the 80s...

Please be Duckula! *crosses fingers

I thought the exact same thing.

Also, what Stupot said. There have been far more controversial instances of borrowing intellectual property -- such as this lovable character:



who looks pretty much exactly like a certain iconic cartoon duck. When the creator got tired of Disney nagging, he turned Howard into a rat (if only to spite Disney yet again )

[Dadalus]

As long as we forget the film...

I take your point, just didn't want to waste my time working on something only to be shot down.

[Intense Degree]

Intense Degree & AGA. Well done from such small clues. Yes its DM (with a little Duckula). Didn't want to reveal that at this stage as its very early in its development, but couldnt leave your guesses just hanging there. Guess I'll have to post an announcement earlier than  I'd wanted to.

Danger Mouse is definitely just as good, looking forward to seeing how it goes!

[Lasca]

In regards to howard the duck, the same thing happened to a swedish comicbook character: Arne Anka. The creator changed him and made his beak a "fake", meaning that it was tied around his head with a string. But Disney still wasn't satisfyied (big surprise!), so Arne had cosmetic surgeory and made his beak pointy.


edit:
Or maybe it was the other way around... first pointy, then fake... anyway,