Copyright and AGS

[ZapZap]

 Hi
I started making a game in which i use sprites from a commercial game, first i thought that was fine (i found them here http://www.spriters-resource.com/) cause i've seen people using other's sprites and names in their own game, for example indiana jones games. So my question is: is this legal? do they ask for permission first? I thought that if the game was non-commercial, while not taking any benefit from it, there wouldn't be any problem, but after seeing this topic http://www.adventuregamestudio.co.uk/yabb/index.php?topic=43399.0 i started doubting.
What do you think?
(sorry for english writting mistakes)

[Charity]

The short answer to your question is: Not legal.  Some people care; some people don't.  If you ask the copyright holder they will not say yes.  Unless your freeware game is very high profile, most likely no one will care enough to shut you down.

[Ghost]

There's also the often used escape hatch called Fair Use, which (in the US) allows protected material to be used as part of a parody.
It's pretty thin ice though. Apart from that, Lyaer is right- for most of the big fishes some indie project can, and often will, be ignored.

most likely no one will care enough to shut you down.

Or SHOOT you down. 

[Jared]

I'm violating copyright as we speak. What, me worry?

[monkey0506]

If you ask the copyright holder they will not say yes.

Not necessarily. I got permission from Telltale Games to make IWWHIIWWHITOMIROTPG: The Game!, and was in fact somewhat even quasi-/pseudo-endorsed by the fact that one of the animations that Ben304 did for the game is now an official forum smiley. I got shot down for making a sequel, but the original game was allowed, and at the time was quite high profile in their forums.

So it depends on the nature of the game and who the copyright holder happens to be. Fair Use is not well defined for the purposes of making video games (at all!!), and the entire bit about use in a parody is a loophole that you would have to take to court to be able to fully take advantage of, and the copyright holder could still win the individual case.

[ZapZap]

 It'd be my first game so i don't think it will qualify as a high profile game, but still you never know. if i post it and they are against it and let me know and then i remove it, would it be enough? do you know any case of corp vs freeware developer? i'm about half way through making it so i don't think i'll quit but still bothers me. if i hadn't started i'd ask them but know i'm afraid of the answer

[Sslaxx]

Well, as an example there's Infamous Adventures. As far as I know they've never asked for permission for their remakes. I'm quite sure that Activision knows of their existence. But they have not been shut down... yet. If you're willing to take the risk then go for it.

[Charity]

I haven't heard of anyone being sued, but it's probably happened.  For unfinished projects, commonly what happens is there will be a cease and desist letter and then the people doing the fangame get scared and take things down.

As far as I have been able to gauge the social climate regarding asking permission, a rule of thumb might be that the bigger the game company, the more likely they will unilaterally deny requests to use their intellectual property for free, whereas the more Indie the game's production team, the more likely you will experience negative backlash from fans for using their intellectual property without permission.  

Take that intuition with a grain of salt, though.

[Gilbert]

Actually there were at least two instances where AGS games were removed for such legal reasons.

Klaus made a game about a certain fat orange cat and it was later removed.
Also, Spyros made a remake version of HHH and the author politely asked him to take it off because the original was still being sold.