Hi, I've read the FAQ topic, but I didn't found what I am looking for.

I have an idea for a game, which is based on a japanese manga. I will make it to go through its story and using its clans( the game would be for naruto manga). But the game would be not based at all to the manga. We would create also own clans, techniques and quests.

I'll not take copyrights of the story and to rewrite it as mine. I'll just patent my own game system(there are many differences of the most games existed now), not the manga's story.

There are many mini games which uses the characters, but I don't think that they pay something.

Also there is one big game, with a thousands players which also uses the story of naruto, but they present it in their style.

So, do I need permissions or some kind of license, to use the story even if I point the story owner ?

I am really sorry for my english. I hope that I am understandable.

So, do I need permissions or some kind of license, to use the story even if I point the story owner ?

Most likely you need a license if you want to use the story, characters etc. in your game. Take a look at JRR Tolkin Lord of the Ring, what would happen if you just make a game based on Lord of the Ring, a very large business which earns a lot of money by just selling the licenses ? Even if your manga is not quite as popular as LotR or is even used by others already, it is still copyright infringement if you use the story or parts of it, without permission.

The FAQ says that if you're in doubt, you ARE in violation of he copyright.
The FAQ says that you should ask a lawyer, not strangers on the internet.

If we are talking about a big web game from some years back with a big german speaking community, I think I know which game you are talking about. Friends of mine played it for a while...

The original creator did NOT have any kind of license, and as far as I have heard was not only pretty much aware of his infringement, but also quite possesive of his creation and thus quite pissed off when such questions came up. Seems he was of the opinion that "If its for free, there is no need for a license"... a pretty common self delusion in die hard fan circles.

Now, from your wording it seems you know yourself pretty much that you might be infringing someones copyright with your idea... in this case you guessed right, because you would be.

If you use names, characters, stories right from the manga, you are infringing. Doesn't matter what else "is different". Just... don't.

Now, come up with your own story. Can be a ninja story, can have alls kind of weird jutsus in it (as long as it is not something unique to the manga... the ninetailed fox for example is a common japanese myth as far as I know, so you COULD use that in your story)... you can call the factions clans, as again, nobody can put a trademark or copyright on the name clan (not that people didn't try... don't use it in your games name, or the "clash of clans" creators might be after you... see the whole "candycrush saga" vs. "banner saga" case).

As to when you will be overstepping the boundary and make it to obvious you are creating a simple naruto clone, most probably even a lawyer might not be able to tell you.

If you want to be sure, create your own, UNIQUE story that is as far from existing stories as possible.... will you be able to attract die hard Naruto fans this way? Probably not. But that is kind of the point of putting a copyright on something like Naruto, no?

There is "fair use". It allows you to ignore copyrights for parody: http://de.wikipedia.org/wiki/Fair_Use ... personally, I think it is a legal minefield and would avoid it. No idea if it has been used concerning games before. And even then, a parody is a parody... if you don't make fun of Naruto, its not a parody. And IDK if japan even knows "fair use"... if it doesn't, you are out of luck.

I will make it to go through its story and using its clans( the game would be for naruto manga).

Using their storylines and their names is likely a copyright violation as it is a derivative work, possibly a trademark violation as you are using their names and marks, possibly a publicity rights violation if you are using broader identities or personas.

There are potentially additional IP violations as well, but those are the common issues with fan products.

There are many mini games which uses the characters

Just because other people have not been caught does not mean it is legal.

As a driving analogy, just because other people get away with speeding does not make it legal. Telling the judge that other people were also infringing will not protect you.

Any use, not just fan-based video games but also fan fiction, typically violate many laws. Some organizations do not take issue with minor infringement, but as infringement grows they will invest effort in shutting those down or requiring licensing. Other organizations will shut down anything, no matter how minor. Still others will quietly encourage their fans and only shut down items that violate the spirit of the product, such as product-based porn.

Exactly how much enforcement the property owner does depends on the details, but they still posses the right to enforce it.

Without constituting legal advice, because I and not a lawyer and neither are most people here, the general line is that you cannot 'borrow' directly anything from the universe of their story -- You cannot borrow their nouns (people, places, and things) either in name or in image. You cannot build your story into or around their plot-lines.

You're not dealing with patents here, because gameplay and artistic works aren't patentable. Patents are for machines and processes. You're dealing with two categories of IP protection: copyright and trademark. Copyright protects the originator of the IP from having their work counterfitted, in other words, you can't print up a bunch of Naruto manga and start selling them yourself. Trademark protects the originator of the IP from identity fraud, in other words, you cannot pass of your own work as related to theirs, use the names or likenesses of their creations, or even strongly imply a direct relationship between your otherwise independent work and theirs. Copyright is very concrete, you cannot reproduce in whole or in part, anything created by someone else, even to give it away (educational and other such exemptions notwithstanding). Trademark is intentionally fuzzy, the lay explanation of the rule is essentially that you cannot infringe directly (you can't print your own original Naruto image on a Tshirt and sell it), and you cannot get around this by changing their design "just enough" -- basically, if an average person (mind you, not an average naruto fan, I mean your uncle who's never seen an anime or manga in his life) would confuse your "original" work to be associated with Naruto's trademark, you would be in violation. Similar to copyright, trademark has some exemptions, such as parody or reporting.

All of these rules apply regardless of whether you make money from your work or give it away, and whether or not someone else's work has gotten away with similar -- or even more blatant -- infringement doesn't matter either.

Now, they cannot copyright or trademark general appearances, or general terms. If Naruto has a "Wolf Clan" it doesn't mean you can't also have a "Wolf Clan" (but it probably does mean you can't have your Wolf Clan dress in very a similar manner). You can make a work who's art style is similar, even, though you have to be careful that too many "coincidental" similarities don't add up. At the end of the day, trademark infringement is a little hard to pin down, but its a bit like what someone once said about pornography "I can't tell you what it is, but I know it when I see it."

Also keep in mind that the barrier for legal action, at least in the US, is very, very low. Anyone can initiate legal proceedings against anyone as long as they have standing to do so, for whatever semi-plausible reason. As a defendant, you could then ask the court to summarily dismiss the case, but even hiring a lawyer for just that much can be very expensive.

At the end of the day, you'll be much better off to take inspiration from Naruto, and nothing more.

There are many mini games which uses the characters, but I don't think that they pay something.

Just because they are exposing themselves to risk doesn't mean it is legal.

Also there is one big game, with a thousands players which also uses the story of naruto, but they present it in their style.

Is the manga's story based around public domain? If so, are the elements you are interested in part of that public domain, or naruto-centric elements.

So, do I need permissions or some kind of license, to use the story even if I point the story owner ?

Most likely you'd need a license, however this could be tricky. Several media (especially mangas) are exploited by an entity, but refer to a 3rd party who owns the license (hereby referred to as Licensor). If some of the elements you are interested in are not canon, it is quite possible you would need to deal with both parties at the same time.

Note that just because the Licensor has all the rights, he may or may not choose to enforce his rights (which may lead to people developing almost unheard of software without prior agreement or without source of profit).

Your first step should be to identify who currently has exploitation rights for this brand, and who has the original license and build from there (some who have exploitation rights may also have the ability to extend such rights, but are responsible of vetting all necessary content through licensor).

From a perfectly subjective standpoint, based on my experience working with asian first party licensors, I'd say the odds of you striking any form of deal with just the above is extremely thin, so I would need to go with the general consensus that it might be better to rework your ideas in such a way that they can't be considered a pure rip-off (changing names and significantly alter the background to make it impossible to trace it back to its source).

If you take a look at Warcraft, for example, you'll notice how similar it is to the Warhammer franchise, and this was intended: when they made that game, they originally wanted to strike a deal and use the Warhammer brand, but they chose against it (and went on to create a brand that is radically similar but entirely theirs).

Thank you guys. All posts here were very helpful for me. I understand everything, so I think to rework my idea. Me and my mates already got a good idea. We had very good idea for naruto game, but no one will see it. :D

@Tom Sloper I understand your anger, but all posts here are much better descriptive than the FAQs.

Sorry for my late answer.

Not angry.