I am making a freeware game based on an older game, and as kind of a joke, I included the main character of that game as a monster in my game. In addition, one of my monsters is named "Linus the Penguin".. So does anyone know if this is okay? I mean, my project is only freeware so it''s not like I''m trying to make money off of these ideas. Also, there are *so* many games out there which have ripped graphics or things like that, like I''ve played remakes of Final Fantasy or things like that. If there are any legal problems I could get into, then I could easily change some of the graphics and names so they''re not based on anything else. However, even then, the game itself is very closely based on the older game. It''s not an exact clone-I took out some features and added some in- but other than that, the gameplay is exactly the same down to the smallest detail, such as how monsters fire at you, the powerups you can obtain, etc. Can I get into trouble for that? If not, then could I get into trouble for that if this game were shareware? As far as I know, I can''t because I don''t think you can copyright an "idea". As long as every line of code, image, sound, etc, is original, it sounds as if there shouldn''t be any trouble. Thanks a lot! Raj

You shouldn''t get in trouble for similar gameplay (but search the forums for ''hasbro'', you _might_ get in trouble.)

You definately should not be including other people''s characters in your game. They''re probably trademarks, and illegal to use unless you''re obviously doing a parody of them.

There are two issues here.

1. Is it legal to use these characters?
Answer is no. If you were to create a character that was a parody of the original in the same way that cartoonists draw famous politicians then you would be ok. It would clearly be supposed to be the same character but the image would not actually breach any copyright. Simply taking the same character and using it in your game would breach copyright.

2. Will you get caught/prosecuted?
The answer is that you will probably not have to worry. You are not making money out of it so the company concerned will probably never notice. Of course if your game became very successful they may notice and come after you. It does not matter if you make money or not because they will claim that a free game with their character reduces the value of the character and so could potentially cost them money.

Conclusion
If you want to use this character do it as a parody. Draw your own humourous version of the character and use a similar name. It will be clear to the fans who it is supposed to be but you will be safe.

Dan Marchant
Obscure Productions