Hi all, I'm developing some ideas about restyling of golden age games like pacman, space invaders, asteroids and some Amiga games. Because I'm working alone, most probably, the game will be limited and part of my portfolio, but I'm curious to know if there will be legal problem in the case I think to develop the entire idea and sell the finished game for PC/Xbox360 (I'm using XNA) by XBOX Live or by my site or whatever. I'm speaking, if it's possible, to have the same title, the same characters, the same gameplay but reviewed in a modern style, meaning different colors, different character design and adding new gameplay and levels. In the end, how is it possible to know if a game is still protected by copyrights? Thanks a lot. Michael

Quote: Original post by thinkinmonkey
In the end, how is it possible to know if a game is still protected by copyrights?

1. The best way is to hire an attorney.
2. You can also read the many other posts here in this forum where people have asked similar questions.
3. You can also read http://www.sloperama.com/advice/faq61.htm
4. And you can also buy a book on copyright, trademark, and other intellectual property -- those books are not only for lawyers!

This is perhaps relevant.

Quote: Original post by thinkinmonkey
Hi all,
I'm developing some ideas about restyling of golden age games like pacman, space invaders, asteroids and some Amiga games.
Because I'm working alone, most probably, the game will be limited and part of my portfolio, but I'm curious to know if there will be legal problem in the case I think to develop the entire idea and sell the finished game for PC/Xbox360 (I'm using XNA) by XBOX Live or by my site or whatever.
I'm speaking, if it's possible, to have the same title, the same characters, the same gameplay but reviewed in a modern style, meaning different colors, different character design and adding new gameplay and levels.
In the end, how is it possible to know if a game is still protected by copyrights?
Thanks a lot.
Michael

Read this copyright info World Intellectual Property Organization but note the point that some countries have longer copyright periods for some works. In the UK UK copyright on written works copyright on software (which is included in "written works") is the life of the author, plus 70 years.

Given that most of the games you mentioned were created only about 30 years ago and few if any of the authors have died it is safe to assume that they are all protected by copyright unless they have been specifically placed in the public domain by their creators (or any company that owned the copyright).

Guys,
first of all, thanks for all Your answers: now I have a more clear vision of my problem.
I'm still reading links You send me, a lot of interesting stuff.
Actually, the conclusion I found is summarizable in three simple points, if I'm not wrong:
1. The most important and simple: be creative and create your own game. Well, it needs no explanation
2. Pay a lawyer to do a search for possible IP and to ask permission if there are
3. Create a clone game but just for educational and private purpose: it cannot be sold, it cannot be available to others even if for free

A little thing scaring me is that I have to put attention for every game aspects even if I'm developing an original one!
Let's say I'm making a simple '80-'90 style shoot'em up: I have to check with my lawyer if the 'beam' feature has been patented or not, right?
In this way, after creating the game design and before putting down a single line of code or a colored pixel, I have to pay a lawyer to check if my game doesn't breach copyrights in any aspect, right?
So, I'm asking me why there are some freeware games that use Mario or Sonic as characters or use some gameplay of well known game: are those people totally crazy?
Or why do some artists public drawings or rendering of celebrities breaching clearly law?
I'm a bit confused...

I am not a lawyer, so don't hold me to do this.

The "beam" feature is probably not protected on its own. However, if there is a game which relies heavily on this mechanic, and your game looks or feels similar, then there might be cause for an infringement claim.

Just look at all the "big" games out there. Many of them share a lot in common. Even if a company invents an entire genre (such as FPS or RTS) there doesn't appear to be anything stopping competitors from making games with similar mechanics, as long as there is lots of originality. That said, big companies have the resources to survive a spurious lawsuit - so take that advice with a grain of salt.

Quote:
So, I'm asking me why there are some freeware games that use Mario or Sonic as characters or use some gameplay of well known game: are those people totally crazy?

In some cases, paradoy might be a defense. In other cases, the games might not be popular enough to have warranted notice from the copyright holders. Finally, perhaps these people are simply lucky. There luck could run out at any time though.

Quote:
Or why do some artists public drawings or rendering of celebrities breaching clearly law?

Again, parody might be an issue. I'm not entirely sure if a person owns copyright over their appearance in any case, although libel or slander might prevent their likeness and personality being used in other media such as books, films or games.

Thin wrote:

>A little thing scaring me is that I have to put attention for every game aspects even if I'm developing an original one!
>Let's say I'm making a simple '80-'90 style shoot'em up: I have to check with my lawyer if the 'beam' feature has been patented or not, right?
>In this way, after creating the game design and before putting down a single line of code or a colored pixel, I have to pay a lawyer to check if my game doesn't breach copyrights in any aspect, right?

You make it sound like no game creator can ever make a game -- that most of our money goes to our lawyers. That's not the way it is. It's a good thing that you are now aware of the legal issues, but don't turn that awareness into a roadblock that prevents any creativity.

Before, you thought the world was white. Now you think the world is black. It isn't either of those things! It's full of patterns of different shades of gray and millions of colors.

>So, I'm asking me why there are some freeware games that use Mario or Sonic as characters or use some gameplay of well known game: are those people totally crazy?

Yes.

>Or why do some artists public drawings or rendering of celebrities breaching clearly law?

You do not need to know why every other person does any other thing -- you only need to make sure that you do not proceed blindly into a lawsuit yourself.

>I'm a bit confused...

Stop saying that. The more you say that, the more difficult it is for you to achieve understanding.

Quote: Original post by thinkinmonkey
A little thing scaring me is that I have to put attention for every game aspects even if I'm developing an original one!
Let's say I'm making a simple '80-'90 style shoot'em up: I have to check with my lawyer if the 'beam' feature has been patented or not, right?
In this way, after creating the game design and before putting down a single line of code or a colored pixel, I have to pay a lawyer to check if my game doesn't breach copyrights in any aspect, right?
So, I'm asking me why there are some freeware games that use Mario or Sonic as characters or use some gameplay of well known game: are those people totally crazy?
Or why do some artists public drawings or rendering of celebrities breaching clearly law?
I'm a bit confused...

Of course you have to pay attention to every aspect of the game you're developing. That's just part of the process. But you should be able to tell the difference between what you create and what you clearly pull from another game. Generic and widely used game mechanics and components aren't something to seriously stress over. It's clearly taking attributes and characteristics from recognizable sources that will get you into trouble.

Employ common sense and do your homework, and focus on doing what you love. Don't freak out.

rip-off and madelelaw: You're right when You say
companies makes game with similar mechanics but still having orginality in their products
and
Generic and widely used game mechanics and components aren't something to seriously stress over
I know that, but my actual case is more about re-styling an old game instead creating a new one as I did once in the past.
So it's explicit I had to use materials made by others (characters, names...) that are most probably copyrighted and now, I discovered, the game is copyrighted, so it's game over for my idea.
Thanks for Your useful suggestions and thanks for Your precious blog, Mrs. Ibrahim.

So it's time for you, Tom, take a seat and read carefully.
First of all, thanks for your answers and encouragement.
Second... Life is really, really, really strange and amazing at the same time!

Looking for a "little" project to develop in order to learn XNA on field and testing my skills, maybe earning by XBox Live if result was good enough to spend more time on refining, I was oriented to create a shoot'em up, genre I like a lot.
Then I realized that would be more funny and simple to move first steps on giants shoulders, learning from the past but winking to next-gen power and appeal: I considered that idea more intriguing on every aspect.

Wavering which game to choose, I throw dice: I asked my girlfriend which game she liked more.
She gave me two titles: as happy owner of Atari 2600, they were Q*Bert and Crystal Castles.
I played both, but I liked the first one.

Then I come here to know more about if cloning game is legal or not (IT'S NOT, of course) and from your answer I visit your site: really a lot of interesting stuff! And I like your funny way of explaining things too.
Today, I read the games you worked on and I laugh when I discover you were graphic designer on Q*Bert!!!

Life is incredible: in the year you was working on Q*bert, my girlfriend was born and now, you and me are speaking about if re-using materials from the past, well, your past, is right or not.
Of course, my intention wasn't, isn't and never will be to steal your and your colleagues' efforts!
I had only a question: what if Q*Bert had been created with game philosophy and technology of today? That's all. Just for fun. And, maybe, just for all.

After some search, I discover the game has been copyrighted by Sony or so it appears to me: they made it for PS3 as downloadable game and it's a good thing to play games that made history.
The sad thing, according to me, it seems to be a perfect copy of the '82 game, I suppose there are no new mechanics, maybe there's no network/dual player feature and characters looks the same, but, I think, it was in Sony's intention.

Anyway, now I have a big and shining smile: I have more answers and material to read than questions.
I feel this forum is a nice place where there are good and qualified people.

The Q*Bert 2010 project is born and died in the same day, but it brought to me more than I thought.

Does someone of you know if Crystal Castles is... just kidding!

Thank you all.

P.S. Of course, as good italian person, sorry for my bad english.

Quote: Original post by thinkinmonkey
So it's time for you, Tom, take a seat and read carefully.
First of all, thanks for your answers and encouragement.
Second... Life is really, really, really strange and amazing at the same time!

Yep! I did read it all. You're welcome. Now go have fun.