Advertisement

Legality of "clones"?

Started by March 08, 2006 07:30 PM
5 comments, last by leiavoia 18 years, 8 months ago
We are all familiar with knock-off games that seek to captialize on the successes of earlier titles. In fact, some whole generas of games probably wouldn't exist if it were not for some specific titles that made it big (Tetris, Street Fighter II, and DOOM all come to mind for their respective generas). Anyway, if i wanted to make a "clone" of a popular game that uses the same basic concepts but with perhaps a new look and feel and new features, is this legal? Specifically, i was considering making a "clone" of the puzzle game "Zoop" (if anyone remembers it - *I* liked it at least). That's fine as long as i don't go commercial with it. But if i did go commercial, would it be legal for me to do so? How different does a game have to be before it's not a true clone but only "inspired by" another game? Thanks for your input.
>How different does a game have to be before it's not a true clone

This is a frequently asked question, and there is no simple answer. You're trying to find out how far you can bend the law without breaking it (or break it only a little). It's better not to play that game at all. It's OK to make a clone for self-education purposes as long as you do NOT try to go commercial with it. If you want to go commercial, be original and creative instead.

-- Tom Sloper -- sloperama.com

Advertisement
[aside]

Where did you get that avatar?!?!? I loved that little guy! What was that game called again?
From my understanding of IP law, there's three aspects that you'd have to look out for with clones: patents, copyright, trademark. A patent is required to cover the mechanics behind a game. Nearly all games will not be patented, and I'm not sure about the validity of the few that are, so this probably isn't an issue.

Copyright only applies if you use any of the original assets of the game. As long as you use your own code, art, music and writing, that won't be a problem.

The real hurdle is the trademarks. You'd have to name all your characters, and the game itself, differently. However I think there's also a case for trademark lawsuits if they can prove that you are deliberately trying to cash in on the popularity of a product, such as if a cola manufacturer used a colour scheme and similar bottle shape to Coke. Thus if your game was obviously Zoop in different clothes, and was banking on people recognising it as Zoop, then there might be a case against you.

Note that it's best to try and avoid this all together by not deliberately making your game too close to another.

P.S. As usual, the standard disclaimer regarding the fact that I'm not a lawyer and that to be sure you should seek professional advice rather than relying on a random forum reply for any legal issues applies [smile].
Quote: Original post by Trapper Zoid
...patents, copyright, trademark. ...

There is also trade dress. Trademarks are an actual mark, like a word, phrase, logo, or symbol. Trade dress is any other distinctive 'look and feel' that include the style of stitching in a shoe, the color and decorations in a fast food chain, or even the style of buttons like the Mac UI. Each of these three examples have been enforced by the courts.

Quote: Original post by leiavoia
How different does a game have to be before it's not a true clone but only "inspired by" another game?


As Tom said, it's an issue of how close you want to go and how much risk you want to take. For an exact clone, I'd get written permission and talk to a lawyer.

The first one is unique. The second is a copycat and should expect to face some legal nastygrams. The 50th (assuming the first one hasn't been defending itself in court) is just following a genre.
Quote: Original post by leiavoia
[aside]

Where did you get that avatar?!?!? I loved that little guy! What was that game called again?


I designed him in 1982. His name is Spike. You didn't really have a Vectrex, did you?

-- Tom Sloper -- sloperama.com

Advertisement
Quote: Original post by tsloper
Quote: Original post by leiavoia
[aside]

Where did you get that avatar?!?!? I loved that little guy! What was that game called again?


I designed him in 1982. His name is Spike. You didn't really have a Vectrex, did you?


Well, technically it was my brother's.

And you didn't really design him, did you ;-)

EDIT: okay, i'm not worthy of your presence, oh wise one!

Small word i guess. I always loved Spike. It's just been a few decades, that's all ;-) Never thought i'd meet his maker. Congrats!

This topic is closed to new replies.

Advertisement