Copyrights and their place in AGS

[RichardWayne]

Aside from not being original, would there be a crime for creating an Adventure Game based on a television show, book, or movie?  Freely distributed, not for profit, just an experiment in working with AGS..  would their be in problems in using situations, characters, or events that have occured in other material?

[lemmy101]

Technically, boy yes there would. It all depends on licences you are using, whether your game would be said to be a direct conflict of interest with the owners of that licence's own products, and many other factors. True there may be circumstances where the owners of the licence would see an indie free game in a flattering light, others may even see it as free advertisement for their franchise, but these would more likely be the licences that you wouldn't want to make an AGS game. (Battlefield Earth maybe? )

A lot of the time you will get away from it, but as shown in the past sometimes indie developers can get stung. Considering the amount of work involved I would consider it too much of a risk myself...

besides, how often do we have the chance to tell our story to the world? This is our chance to tell our story, not someone else's... that's the way I see it anyway.

[Insignia]

If you really want to base your game on someone else's story, the safest route is to contact the author and ask for permission. It doesn't have to be more complicated than that, depending on the author. If they refuse, at least you'll know to spend your time and effort on a different idea.

[SSH]

Well, Fountain of Youth hasn't been shut down... yet

It's not a crime to infringe copyright, but it could leave you open to being sued. In those cases where AGS games have been shut down, generally the authors simply got a "cease-and-desist" letter and so they took their games off the web and didn't face any action.

If the game is just an experiment in AGS, its unlikely to be popular enoguh to attract attention from any lawyers...

[passer-by]

I think when it is a parody or the creator uses different names they can claim the story "is based" on the original and they have less problems, but I'm not sure about it.

Nobody can really prove their idea is totally original, unless there was a time journey involved somewhere...

[Mats Berglinn]

If you really want to base your game on someone else's story, the safest route is to contact the author and ask for permission. It doesn't have to be more complicated than that, depending on the author. If they refuse, at least you'll know to spend your time and effort on a different idea.

I totally disagree with you about that point. The safest route is the opposite: Keep the mouth shut and they will never discover it (okay so a few hidden project have been discovered but the odds is much higher that they won't so it's not that much of a gamble). If you ask for permission, the risk of getting "no" is about as high as getting killed in a Russian Roulette on five bullets out of six. Look what have happen to Garfield: Karius asked permission while making the game, he recieved a no answer. That's why I never see "ask for permission" as the safest route, it's the UN-safest route.

About parodies and inspirations: I don't think companies would shut down for example a Monkey Island parody or a game with the fluence but still have differnt names, story and so on, because they don't violate the copyrights. Parodies and inspiration is allowed, no worries there.

[Tiki]

Mats, I respect your opinion, but I think you're dead wrong.

It's important to listen to the wishes of the owners of licenses.  Not only is it deceptive to try hiding a copyright-infringing game, but you'll be unsuccessful anyway.

If the game is popular, then they will hear about it.  It's better to ask in the beginning, get a no, and work on something else than it is to work for months on a project only to get a cease-and-desist.

Why make a game if all you're doing is trying to hide it?

I don't think the Adventure Game community is about underhandedly using licensed characters and keeping mouths shut.

Suppose you had two children... Which would you prefer?
1) Kid A asks Kid B if he can play with Kid B's toy.  Kid B says no, Kid A finds another toy
2) Kid A takes Kid B's toy when Kid B isn't looking, and they beat each other up in a gruesome deathmatch

[LimpingFish]

I'm not 100% decided either way.

Copyright and permission to use someone elses characters/world/ideas are really two different things.

Before he regained copyright of Sam N' Max, Steve Purcell's opinion on Sam' N Max fan games didn't really matter. His permission would've been nice to have, but any opposition he had would've been moot, as LucasArts held the copyright.

It's like asking Ron Gilbert's permission to use Monkey Island, Tim Schafers permission to use Full Throttle, Al Lowe's permission to use Leisure Suit Larry. It would be nice to have their blessings, but meaningless from a legal standpoint.

A lot of the time, dealing with LucasArts or Sierra means dealing with lawyers and 99% of the time they'll veto anything they perceive as a threat to their clients IP's.

Keeping a game quiet makes sense in the short term. Once it gets out there it will take a while to get noticed and, regardless of any cease and desist warnings they may appear in the future, people will get to play it.

Of course, there's always someone around the corner just waiting to report you... 

[buloght]

Just keep the game off the web until its 100% done, then release it anonymous, nothing to it. 

[RichardWayne]

This all just seems so incredibly hard to believe, but what's right is right I guess; even if it doesn't make sense.  I mean, let's say that I want to draw a picture of Batman.  I draw a really good picture of Batman, and I stick it on the internet to show people how good I can draw.  Then DC Comics comes along and slaps me with a law suit cause I drew a picture?  Seems a little harsh and non sensical seeing that I'm really not recieving any benefit out of it.  Ehh..  but, I think I'm actually going to see if I can get permission.  I may not get a "no."  -shrugs-

[Radiant]

I draw a really good picture of Batman, and I stick it on the internet to show people how good I can draw.  Then DC Comics comes along and slaps me with a law suit cause I drew a picture? 

They would be within their rights to do so. Now for a single picture they're not likely to bother, in part because it would be a public relations nightmare. But if you were to do a full comic, or a short movie, or a computer game, and they found out about it, they would probably hit you with a C'n'D faster than you can spell 'infringement'. That, to them, is competition and potential loss of revenue. Never mind practicalilty, it's a matter of principle, and lawyers aren't particularly nice people.

Copyright and permission to use someone elses characters/world/ideas are really two different things.

True. For the moral right to create a derivative work, you need permission from the author, which generally is a friendly and respectable artist. For the legal right to create a derivative work, you need permission from the copyright owner, which generally is a big corporation with lots of lawyers. Good luck on the latter.

I think when it is a parody or the creator uses different names they can claim the story "is based" on the original and they have less problems, but I'm not sure about it.

Nobody can really prove their idea is totally original, unless there was a time journey involved somewhere...

Absolutely and entirely wrong. First, they can prove their idea is theirs because they released it first. Second, changing names around won't save you from any kind of copyright lawsuit as long as you're using the "distinctive likenesses" of the characters. And third, yes, parody is protected but you could still be dragged to court while you have to explain why exactly it is parody (for instance, QfG:4.5 is obviously parody and was C'n'D'ed nonetheless)

YANAL.

[RichardWayne]

Forget it..  I changed my mind, it's not worth the hassles

[A�rendyll (formerly Yurina)]

What I sayis: ask permission.

If you make a game that is based, but not similar to the original, there is more chance the answer is yes. It would also be wise to state what you want to make and that it'll be completely free. I never really asked permission for anything myself, but I'd rather not get my hands burned.

But if you REALLY want to make a game about a certain topic, and you don't want to hear a no, then try mats way. But remember Tiki's kids well when you do that.

~Yurina