Just wondering about something. I remember reading something about copyright laws and "parodies". As in, parodies of copyrighted material had the right to use the copyrighted material. Would "fan games" fall under this category?

This takes into account that the people who made the game do not make any money off of the game.

Like say, I make a flash fighting game with Ryu from Street fighter, and distribute it online to a site like newgrounds.com. The site gets thousands of visitors, but the creator of the ( me ) doesn't get any income from it directly.

Can a company do anything about this? Would they even care about it, if you actually mention that all the IP is owned by "yadiyada company"?

So can a free game, still be massively distributed online, if mention of proper copyright owners are done. Or is it just too much of a gray area to even dive into it?

You're referring to "fair use". Read about it here.

IANAL and don't know many specifics about the fair use clause, but I'll point out three things:
1) It does not matter if your game generates income for you! It may still be copyright infringement, which is illegal.
2) The copyright owners can always sue, whether they're right or not. They have a legal department, you don't. Being sued is pretty unpleasant I hear and most people try to avoid it.
3) If you infringe on someones copyrights, it doesn't matter if you mention their names or not.

In a nutshell, it is always preferable to create something original than dancing around the fringes of copyright infringement (Hah!).

Quote: Original post by wohoo19m
1. Can a company do anything about this?
2. Would they even care about it, if you actually mention that all the IP is owned by "yadiyada company"?
3. So can a free game, still be massively distributed online, if mention of proper copyright owners are done. Or is it just too much of a gray area to even dive into it?

1. Yes. They can sue you. Anybody can sue you, anytime. All you have to do is defend yourself before the judge.
2. Of course they would -- you're using their property without their prior agreement and permission.
3. It's not gray at all. Very simple. Don't use anybody's IP without permission. Read http://www.sloperama.com/advice/faq61.htm and read the umpteen other posts on this exact same question on this board.

Super, thanks for clearing that up. Not planning to make something using someones elses IP, but just wanted to know what's what for knowledge's sake.

Quote: Original post by wohoo19m
Just wondering about something. I remember reading something about copyright laws and "parodies". As in, parodies of copyrighted material had the right to use the copyrighted material. Would "fan games" fall under this category?

1. That would depend entirely on if they actually were a parody. The dictionary definition is "A literary or artistic work that imitates the characteristic style of an author or a work for comic effect or ridicule."
Most fan games aren't parodies they are intended as sequels, prequels or offshoots from the original in the same tone as the original so they wouldn't benefit from fair use protection.
2. Even if a fan game was a parody that still wouldn't protect the creator from having to go to court if the IP owner decided to sue. Only a court can decide if a work actually is a parody or not.

Quote: This takes into account that the people who made the game do not make any money off of the game.

3. Money has nothing to do with parody. A game doesn't become a parody because the creator isn't making money so that wouldn't have any baring on your question.
4. Money also makes no difference in copyright issues.

Quote: Like say, I make a flash fighting game with Ryu from Street fighter, and distribute it online to a site like newgrounds.com. The site gets thousands of visitors, but the creator of the ( me ) doesn't get any income from it directly.

You would be infringing Capcom's copyright and the could take legal action against you and newsgrounds.com.

Quote: Can a company do anything about this? Would they even care about it,

Yes they can and many have done in the past.

Quote: So can a free game, still be massively distributed online, if mention of proper copyright owners are done. Or is it just too much of a gray area to even dive into it?

Nothing gray about it at all. The situations proposed above would all constitute copyright infringement. As for actually mentioning that the IP belongs to someone else that just saves the IP owners lawyers the job of proving that you knew what you were doing and that you willfully infringed their clients copyright. Willful infringement is more serious that unknowing infringement. Both will result in the IP owner winning a court case but the penalties for willful infringement would be greater.