Hello, [generic] I'm interested in remaking a game originally published by a now defunct publisher in 1982. The original developer is unfortunately dead. The obituaries I've found do not mention a family. He also published a book, but the right's and permissions manager for that publisher says they have no current address and their last mail were returned as address unknown. I haven't yet actually found the death notice with contact information for the executor of his estate. - What is the status of IP held by a person who dies but leaves no heirs? - In tracing the author, am I missing someone obvious who would know who currently owns the rights involved? [specific] The publisher was the Atari Program Exchange(APX). This entity was owned by Atari and shut down in 1984. (I didn't know APX was actually owned by Atari when I started looking for the author). - Was APX buying all rights to the software they were publishing? - Did they normally have a reversion clause? - If APX retained rights, do I next try to contact someone at Infogrames? [generic/specific] I want to remake the game on a different platform, using the same core gameplay, my graphics, my sounds, the original title, and acknowledge the original author without getting myself sued. :) I understand the gameplay is not protected, and even retro graphics are not the original graphics. The title is two common words and has been used for at least one other game which does not seem to have been directly inspired by the one I'm interested in. - If I do find an entity able to grant a license, what rights am I looking for? I'll get a lawyer for the actual negotiations, don't worry. ;) - Do I even need to seek a license? Other than the gameplay, I don't think I'm taking much from the original title.. Thanks for any assistance, -TF

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Original post by LeChuckIsBack Quote: Original post by tfernando [specific] The publisher was the Atari Program Exchange(APX). This entity was owned by Atari and shut down in 1984. (I didn't know APX was actually owned by Atari when I started looking for the author). Then it's probably owned by Atari now. If they shut it down for being non-productive or something that doesn't mean they have thrown away all their projects. I think asking for permission directly to Atari through a simple email would get your answer, although being a big stuffed-ass corporation they may not bother to dig for that project and simply say "NO" [lol]

They'll almost certainly say no. It costs money for them to say yes (they have to pay for the lawyer's time drawing up a license agreement, and the bizdev guy's time for talking to tfernando). They won't want to license something unless it's going to bring in some minimum amount of money.

Ok, thanks for the replies. I have now submitted an inquiry off a contact form on Atari's website. I couldn't find a licensing contact email.

Out of curiosity, APX was acting as publisher for a third party developer. Why do I need to assume that Atari has any rights other than to the 8bit Atari version? I can't imagine anyone signing a work-for-hire assignment today if the work wasn't contracted... (Though that may well have been the case. I haven't seen a C64 version, etc)

Thanks,
-TF

(I actually wanted to -purchase- a license, but minimal for me, and minimal for a large corp are probably not equal numbers)

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Original post by tfernando (I actually wanted to -purchase- a license, but minimal for me, and minimal for a large corp are probably not equal numbers)

What I said before was, "They won't want to license something unless it's going to bring in some minimum amount of money." I never mentioned "minimal." If you're thinking minimal, you probably can't meet their minimum.

Mr. Sloper, thank you for your response. I'll admit I had considered emailing you directly rather than posting here. I have read your faqs. I think I need to broaden my question.

Q1: What rights were normally acquired by publishing houses for video games in the early 1980s?
Q2: What rights do I need to acquire to remake a game now?

Reasoning:
- Retro gaming is a valid niche, at least in Flash development. Many of the 8-bit APX type games are suitable for translation to flash, and I have completed and released a handfull of flash games so I know my project is within my capacity.
- Many of the original programmers for 8-bit APX type games have left video gaming, or were never video game professionals in the first place. Some of them are probably not dead without an estate. ;) Some subset of those may be willing to grant some type of license to their IP for small payment-- they're unlikely to see any other return. But I can see a real potential for a C+D or possibly a lawsuit if an author, or his widow, spouse, etc grants a license to something where the rights for sequels, remakes had been retained by the publisher.

I do see both your and LeChuckIsBack's replys saying 'You can't afford it.' I do understand that if a large corporation holds the rights to a title I am unlikely in the extreme to get permission. I don't know enough about publishing agreements in the early 80's to know how rights to a title were transferred to be comfortable assuming that APX titles are Atari Corp. property. I don't know how to find out without asking. You both at least strongly imply that they are. If I'm being dense, please tell me.

Flash has kind of a bad reputation for IP issues. I'm trying to do the right thing. I apologize if I've wasted your time.

-TF

A1. To make a video game in the 80s based on an IP, they had to get a license.

A2. In the 2000's, to make a video game based on an IP, you need a license.

You wrote:

>I do understand that if a large corporation holds the rights to a title I am unlikely in the extreme to get permission.

Only if you have no:
a. Money
b. Good business purpose/plan (one that will benefit the licensor)
If you have those things, then the likelihood increases dramatically.

>I don't know {if} APX titles are Atari Corp. property. I don't know how to find out without asking.

I have no idea what APX is, or whether this game you're so set on is indeed owned by Atari. The way you find out is by calling them. On the telephone. Ask to speak to the business development manager or licensing manager. But don't do that until you have (a) and (b). It's a waste of everybody's time if you don't have (a) and (b).