are you breaching copyright by recreating graphics? I can recreate Mario graphics for instance so if i out this in my game and use and make money, is this breaching copyright? What is the law on making digital art yourself but copying another idea as it were.

If you can recognise the recreation as Mario, then yes.

If you use Mario for inspiration, but your new drawing is "original" then you're ok.

Can that be considered fair by law? I mean technically speaking he creates the graphic from scratch but it just represents another graphic/character known as Mario :S.

Quote: Original post by VirtualProgrammer
Can that be considered fair by law? I mean technically speaking he creates the graphic from scratch but it just represents another graphic/character known as Mario :S.

That would also be a problem with respect to trademarks.

Quote: Original post by VirtualProgrammer
Can that be considered fair by law? I mean technically speaking he creates the graphic from scratch but it just represents another graphic/character known as Mario :S.

Yes, as well as the actual drawing, the character and likeness of Mario are also covered by copyright.

Even though you own the drawing (talent, skill, paper, pens, pixels), someone else owns the idea behind your drawing - and thus it's a breach of copyright.

For example: My old company got in a lot of trouble because one artist used a photograph off the internet for reference, and his final drawing looked too similar to the original photograph. Even though the artist created the picture from scratch, the content/idea of the picture was originally created by the photographer, so the photographer has some rights over the artists drawing.

Quote: Original post by Hodgman
Even though you own the drawing (talent, skill, paper, pens, pixels), someone else owns the idea behind your drawing - and thus it's a breach of copyright.

For example: My old company got in a lot of trouble because one artist used a photograph off the internet for reference, and his final drawing looked too similar to the original photograph. Even though the artist created the picture from scratch, the content/idea of the picture was originally created by the photographer, so the photographer has some rights over the artists drawing.

Technically you can't own ideas (as far as copyright law is concerned). It sounds like what happened here is that the drawing was a derivative work because it copied/used parts of the original photograph (derivative works are covered by copyright).

Yes that's what patents are for ;)
By "idea behind a drawing" I meant the layout of the scene, the shapes/colours of the items depicted, the characters/faces etc... e.g. the "idea" of Mario is a fat guy in red/blue overalls, moustache, hat - these ideas come together to form Mario's likeness (which is a copyrightable creative work).


Also, to the OP, it doesn't matter if you're making money or not. Even a free Mario game is a breach of copyright.

Unless of course it is a parody. Take a look at this. It's linked in the sticky in the Help Wanted forums.

Can you copyright gameplay? I want to make a game similar to pokemon(completely unique graphics, story), but the gameplay(primarily the battle system) would have to be very similar

Quote: Original post by Carthage
Can you copyright gameplay?

Only as far as a concrete game is concerned. The underlying game mechanics do not fall under copyright (but could be patented, as Hodgman mentioned).