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Game Clones licences..

Started by July 03, 2006 06:32 PM
6 comments, last by D Shankar 18 years, 4 months ago
Can i sell a game clone with out paying royalties? Game Clone: A game that has a tetris or similar gameplay ( it can be other game like asteroids or something like it ) I programmed all the game code and make the artwork too... is this legal? what can i do?
------------------------------------ IDLoco Game Studios

http://www.sloperama.com/advice/

-> http://www.sloperama.com/advice/faq61.htm
-> http://www.sloperama.com/advice/lesson39.htm

You can probably sell it without paying any royalties. I think it's in the public domain.
D. "Nex" ShankarRed Winter Studios
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so acording to this..
Quote:
Let's say that Jack has an idea for a Tetris-like game but with a twist. He consults an attorney who advises him that his idea must not use the trademark "Tetris" in the name, and that he'd better make his game not "look and feel" too much like the Tetris game. Jack thanks his attorney, pays him, and that's that for attorneys, or so Jack thinks. Jack makes his game look and feel different from Tetris, and names it "Jakk's Blokks." When the game becomes popular, he's hit with a lawsuit from a toy company, Jakks Pacific. Shoulda kept the attorney!

Only if the game is somehow different and doesn't have the tetris name on it ( for the case of a tetris game ) i can sell the game..

cool..
thanks!!!!
------------------------------------ IDLoco Game Studios
Quote: Original post by D Shankar
I think it's in the public domain.
Games remain covered by copyright for the life of the creator +70 years. Since none of the game mentioned are more than 30 years old they are all covered by copyright - unless the IP owner specifically placed them into the public domain.

As to the original question - it depends on how different your game is from the original. The term clone implies a direct copy of the game/levels/sounds/art (it doesn't matter if you made them if you copied the original). If that is the case then it would be a breach of copyright and the original owner could send their lawyers to hunt you down.

How likely it is that they come after you depends on how successful you are at selling/distributing the game. Its a clone so it is unlikely to be very popular - If ten people download it then the IP owner will never find out and you will be OK. If ten thousand people download it then it might appear on their radar and they may opt to send the lawyers after you.
Dan Marchant - Business Development Consultant
www.obscure.co.uk
Yea. You must have gotten that off the Pub Domain wiki. I just wasn't sure of the exact number of years since it is a wiki after all (could easily be faked).

All copyrights and patents have always had a finite term, though the terms for copyrights and patents differ. When terms expire, the work or invention is released into public domain. In most countries, patents expire 20 years after they are filed. A trademark registration may be renewed and remain in force indefinitely provided the trademark is used, but could otherwise become generic.

Copyrights are more complex than patents; generally, in current law they expire in all countries when all of the following conditions are satisfied (except Colombia, Guatemala, Mexico, and Samoa):

* The work was created and first published before January 1, 1923, or at least 95 years before January 1 of the current year, whichever is later;
* The last surviving author died at least 70 years before January 1 of the current year;
* No Berne Convention signatory has passed a perpetual copyright on the work; and
* Neither the United States nor the European Union has passed a copyright term extension since these conditions were last updated. (This must be a condition because the exact numbers in the other conditions depend on the state of the law at any given moment.)

These conditions are based on the intersection of United States and European Union copyright law, which most other Berne Convention signatories recognize. Note that copyright term extension under U.S. tradition usually does not restore copyright to public domain works (hence the 1923 date), but European tradition does because the EU harmonization was based on the copyright term in Germany, which had already been extended to life plus 70.

I read the 20 years part (applying only to Patents, not copyrights). Never mind.

But yea, I agree that cloning is unlikely to cause any problems.
D. "Nex" ShankarRed Winter Studios
im not planing to actually clone the game.. just use the game play..

lets say i like tetris, but i feel i can add some features like new game play modes and pieces and stuff like that..

is that a copyright/patent infringement?


( is not gonna be an exact copy just the gameplay style )
------------------------------------ IDLoco Game Studios
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Quote: Original post by idloco
im not planing to actually clone the game.. just use the game play..
Ideas are not projected so you can do a different version with different shapes and avoid using a name that sounds like Tetris and you will be OK.
Dan Marchant - Business Development Consultant
www.obscure.co.uk
Tetris game play etc. can easily be cloned without legal problems. You mentioned "( it can be other game like asteroids or something like it )"

Although this may not be "something like it" be warned that modern commercial games like EA Games' Madden franchise have copyrights on several gameplay features such as their Dynasty Mode (or whatever you call it).

Gameplay copyrights on basic games like Tetris can be easily voided, but watch out if you make a serious game like a Madden clone.

(Sorry, I just wanted to add a bit more info on cloning, even though it might not pertain to your exact game clone. The more educated on the subject, the better, right? :) ).
D. "Nex" ShankarRed Winter Studios

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