I've seen several sidescrolling mario clones out on the net. They do a good job of getting similar to the classical NES mario game. My project is to take the classical Nintendo (NES) Mario Bros. game, and put mario in a 3d terraneous world. Not so much a "city in the sky" like Mario 64, but a solid, terranous land. Imagine green sloping hills, with a bright color yellowish road going between them, and the turtle monsters moving around in 2d instead of 1D from the classical mario. Blocks floating mid-air that you can jump on and get "coins" from, etc. Now, legally, what can I get away with? 1) Is it copyright infringmenet to go into Milkshape and create a model of the turtle monster, or the other squishy monsters from classical Mario and use them in my game ? 2) Is it copyright infringement to go into Milkshape and make my own version of mario and use him in my game ? 3) Is it copyright infringement to make a Midi music file that is very similar to the classical Mario theme music? 4) Polycount has a great Mario MD2 file. If I get permission from the author of this model, is it copyright infringement to use this Mario MD2 file in my game? Some might say "Well, just go ahead and make a new model, don't make it a plumber, make something entirely new, and replace the turtles with sheep or something. " Sure, that's one approach that I'm sure would 'work'. But I am really trying to capture the classical Mario feel. I *want* a mario character in the game, and I *want* the familiar turtle monsters and I also *want* the classical Mario MIDI music. Now, I'm not ripping any of the media from Nintendo's products, I am recreating it. And as far as the programming goes, it is 100% original. Afterall, this is mario, in a 3d terraneous world, it is going to be a very different game, but with similar media. Suggestions? Also, 5) How do you think a prospective employer might react to this as part of a job application? I think they might enjoy a really WELL DONE 3d version of classical mario. And the familiar media/monsters/sounds/music might put a nice smile on their face. There are nice, friendly emotions that might surface at seeing their old hero back in 3d action, with the same 'atmosphere'. Am I right? Or will they immediately dismiss it as garbage because even though the programming is really cool, the media is just recreated? Keep in mind I would be applying for a programming position. [edited by - WhileTrue on May 1, 2004 11:03:53 PM]

Hrm, how is it any different from Mario64? Sounds pretty much the same to me, frankly.

I think that, so long as it''s not a commercial or mass-distributed project, there''s no problem with what you''re doing. I can''t say I''m certain though.

A third-person perspective mode7 Mario brothers clone would be neat.

shortcurves.com | /josh

quote: Original post by Salsa
A third-person perspective mode7 Mario brothers clone would be neat.

shortcurves.com | /josh

mode 7?



Thanks for the replies so far guys.

quote: Original post by WhileTrue

quote: Original post by Salsa
A third-person perspective mode7 Mario brothers clone would be neat.

shortcurves.com | /josh

mode 7?

In my quest to find Mode7 on a Google Search I successfully found Mode7 .

Because you are intentionaly copying mario, then no, it''s definatly not legal. If you accedently copied, then it''s probably not legal.

Copying the "turtle" thing is also probably not legal. There''s probably nothing wrong with having turtles in your game. Making them do the shell-kicking thing is a no-no. Having the turtles and those mushroom things and an italian plumber and all the other mario charcters is also going to get you in hot water.

Yes, make it green and cutsy and such, with whimsical music.

Make the main charcter a carpenter, and use sheep for the models. Do not copy mario.


A prospective employer would probably not care if it was a mario-clone or not, they''ll probably be looking at the technical aspects. However the non-mario one would be the same thing, so it wouldn''t matter.


So yeah, actualy try and be creative and inovative and not copy mario.

Thanks Andrew,

That helps. The more I am starting to think about it, the more I am considering abandoning the mario media, and doing something of my own.

I could probably pull off something that is obviously mario-esque, but like you said, replacing the turtles with sheep etc..

unless you plan on selling it then its not illegal to make it. if you do make it can you please give mario the ability to throw some fireballs

This is probably better off in the Business forum.

quote: Original post by WhileTrue
1) Is it copyright infringmenet to.....

Yes

quote: 2) Is it copyright infringement to.....

Yes

quote: 3) Is it copyright infringement to.....

Yes

quote: 4) Polycount has a great Mario MD2 file. If I get permission.....

Yes (it is copyright infingement). The creator of that model may or may not be commiting breach of copyright by creating it. Even if they gained permission from Nintendo they can't grant you the right to use Mario.

quote: But I am really trying to capture the classical Mario feel. I *want* a mario character in the game, and I *want* the familiar turtle monsters and I also *want* the classical Mario MIDI music.

You want to use someone else's hard work rather than coming up with your own. Current law doesn't allow for that.

quote: 5) How do you think a prospective employer might react to this as part of a job application?

Employers are never impressed by plagarism. Originality is one of the most sort after talents. Programers, artists or designers who just submit copied work are unlikely to be well thought of.

quote: Original post by omegasyphon
unless you plan on selling it then its not illegal to make it.

This is incorrect. Breach of copyright is breach of copyright regardless of if you sell it. There are only certain times when copyright material can be used (EG for academic purposes) but this certainly doesn't fit those criteria.

Dan Marchant
Obscure Productions (www.obscure.co.uk)
Game Development & Design consultant

[edited by - obscure on May 2, 2004 8:12:23 PM]