Legal issues for AGS games??

GreenBoy · Thu 15/02/2007 05:25:21

What is the deal with this whole legal thing?

What makes a game break copywrite laws and others not?
Will a game based on another game be a problem? Or what about a game based on a movie or tv program?

I just dont want to be attacked with a fire and brimstone like attack from lawyers. Lol.

Ok I dont see that happening but what would some general guidelines be?

Cheer bo.

monkey0506 · Thu 15/02/2007 05:41:21

To ensure you're protected under the law:

1) Don't make a fan-game. Parodies are okay. They're protected. Fan-games aren't.
2) Don't use MP3 music. Just don't.
3) Don't use ANYTHING you steal off of Google. Or any website for that matter.

Snarky · Thu 15/02/2007 05:43:35

In general...

Everything that is made is under copyright (unless it is so old that the copyright has expired, which at this point means it has to be almost a hundred years old).

If you use materials (music, images, sprites, etc.) from another game, or from a movie, TV show, comic book, CD or whatever without permission, you are violating copyright.

If you are using the name, or characters, or the story, or any major unique and recognizeable elements from another work, without permission, then you are violating copyright.

Even if you give away your game for free and never claim that you own the rights, you are violating copyright.

You can usually make a parody, because parodies are protected under fair use doctrine. It is still best to avoid using any materials from the original, and changing all the names slightly, for instance.

Those are, in overview, the rules, at least in the US. (I am not a lawyer, don't take this as legal advice.) As you can tell, almost any game that uses some element from a previous game violates copyright. There are a few exceptions, mostly cases where people got permission from the copyright holders (AGDI for their KQ1 and KQ2 remakes, Phoenix which eventually got a deal for TSL - previously KQ9).

What you can get away with is a completely separate question. On the one hand, it's quite possible that you can make a fan game and no one will stop you. On the other hand, you can make a game that doesn't violate copyright, such as a parody, and the company can still send lawyers after you if they don't like it.

If you're worried about the legal issues, just make a game from scratch. That way you hold the copyright, and if anyone copies it you can sue THEM!

monkey0506 · Thu 15/02/2007 05:49:27

Regarding "parodies are okay," it's not like LA is going to send you a "Cease and Desist" and you can just respond saying "It's okay, it's a parody." They can still take you to court. You would just have to somehow prove that you were working under fair use. Which if it is in fact a parody wouldn't be difficult I suppose. But it's a bit more complicated than just "parodies are okay".

Realistically speaking though, unless you're doing something extremely harmful toward the company, they probably won't mess with your parodies.

Radiant · Thu 15/02/2007 08:13:10

Given the American legal system, they can take you to court and they will win by default because you can't afford the legal costs.

GreenBoy · Thu 15/02/2007 08:43:00

Seems like theres quite a bit of them around though.

Some people have completely ripped all thier graphics. Seems like people get away with quite a bit.

Nikolas · Thu 15/02/2007 09:14:03

AGS is small
Adventure genre as portaited through AGS is small.
There have been tons of games, fangames, parodies, remakes, without any real issues.
The ones that made too much noise got a "stop that now" message from the copyright holders and it ended (Vivendi in some cases).

Generaly it is illegal to rip graphics, it is illegal to make games called MI (for god's shake why is everyone so obsessed with this series?), it is illegal to use the last Muse/Radiohead/Madonna/Pavaroti track in your game. 95% of the times no one will care!

But it is illegal!

Fabiano · Thu 15/02/2007 14:43:51

Quote from: Nikolas on Thu 15/02/2007 09:14:03
it is illegal to make games called MI (for god's shake why is everyone so obsessed with this series?)

Because no one yet discovered what is the secret of MI

nulluser · Thu 15/02/2007 15:54:53

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Akatosh · Thu 15/02/2007 16:01:25

Still, they can't sue people living in completly different countries - they could make up a cease and desist, but that's about as bad as it can get.

Radiant · Thu 15/02/2007 16:08:54

Quote from: Nikolas on Thu 15/02/2007 09:14:03
MI (for god's shake why is everyone so obsessed with this series?)

It's easier to make a silly game than to make a serious game. The two most famous series of silly games are Monkey Island and Space Quest (incidentally, SQ also has a lot of fangames). Furthermore, whenever lists of "Best Adventure Game Ever" are decided upon, the two games that invariably turn up are MI2 and King's Quest VI.

Comparing Sierra to LucasArts, the latter has a greater overall approval rating (in that people love Sierra, but most everybody has a couple of Sierra games that they thoroughly loathe; whereas people also love LucasArts and generally like all their games without exception). So MI has broader appeal than KQVI.

And finally, the Monkey Island series has a lot of actual characters that are funny and many-sided enough to base an actual "sequel" on (Stan, Kate Capsize, Largo, you name it), especially considering most classic adventures don't really contain all that much characters or dialogue (e.g. most Sierra games don't particularly focus on characters, and don't have a lot of dialogue, or dialogue trees; I can't remember if that KQ6 shopkeeper guy even has a name, and he's one of the semi-biggest characters).

So MI gives people a lot of fun material to work with, and a lot of appeal to fans. No wonder it's popular, it's simply great! Too bad Ron Gilbert retired.