This is a repost of my identical topic because I wanted it listed as a question instead of a discussion, but I couldn’t figure out how to change it or delete it.
I’m currently making a decent-sized island for a miniature Battle Royale experience, but I also intend to make a few other game modes using the same island in the future such as a Zero Build version and a FFA-deathmatch mode.
But one of my farther-reaching ambitions is to make story-driven, open-world RPG using the same (or slightly modified and enlarged) island. I thought what would make one really interesting though would be to have a lot of NPC’s based on characters from Fortnite. NPC’s that you could interact with in conversation through a select-a-response system, complete missions for, or even fight with to change the outcome of the story. Of course to make the NPC’s and their stories fit together, one would have to design and implement a central plot.
I won’t get into all the details with what I’ve come up with so far in regards to a central theme and story, since they are not concrete plans, and since I don’t want my ideas stolen or used without my permission until the game is actually released (if I decide to pursue this idea at all). But in an extremely vague and short synopsis of those plans, I would create my own Fortnite world that would (fictionally) exist in the same universe as the current official Fortnite island. I would use characters, objects, locations, and storyline items not currently used in the official BR map to create my own lore and island that references the official island’s existence and events. In simpler terms: Different islands. Same reality.
So here is where I get around to my original question: Would Epic Games consider such a usage of their storyline content by an independent content creator a violation of their copyrights? And if so, is there any capacity for me to create my own storyline, lore, or NPC’s that would not be affiliated with the official BR island or its events?
I am curious just because I do not want to start work on a project that I will not be allowed to release. Any and all discussion or responses to the subject are welcome!
Hello Sam, the UEFN EULA doesn’t specify any particular rights for usage of the Fortnite IP; furthermore referring to this post by Epic regarding Chapter 1 Remake Islands:
“… you are not permitted to create, publish, or monetize content based on others’ copyrighted IP (this is highlighted specifically in Section 4.1 of the Engagement Payout Program Terms). All the seasonal variations of Fortnite’s Battle Royale maps and islands are Epic’s intellectual property.”
So my interpretation of this, which does not constitute legal advice, is that you are not allowed to make any content that depicts or references Fortnite Locations, Characters, Names, etc. This is somewhat confusing given that we are provided so many assets derived directly from Fortnite for use in UEFN but I again interpret their usage as non-infringing so long as they aren’t used to depict or reference Fortnite IP. In my opinion this should be clarified in the “Too Long, Didn’t Read” segment of the UEFN EULA.
Also in regards to the “Chapter 1 Remake Islands” page you gave a link to, I’m not sure how far the extent of the Chapter 1 limit would go. Because the island that I am creating (for both BR and RPG-modes) is not a replica of any Fortnite BR maps. The overall layout has been 100% created by myself. However, I have built my own versions of several Fortnite BR map locations, from chapters 1, 2, and 3 such as Tilted Towers, Condo Canyon, and Shifty Shafts, with varying degrees of accuracy to the originals. For example, Condo Canyon is almost an exact replica of one side of the original location, the other half being left out completely. Tilted Towers is a condensed version of the original, with buildings from different versions of the location placed in similar spots, with some other buildings being left out. Finally Shifty Shafts is almost entirely my own design, the only thing in common with the BR version being three wooden shacks on the surface of the mine.
I would hope and I assume that these locations would not be a violation, since there are several published maps using copies of BR locations such as Tilted Towers, Greasy Grove, and Pleasant Park. Templates are available for the Tilted Towers and Greasy Grove locations as well that are practically the Fortnite locations themselves, and are allowed to be used. Also, what’s the point of having prefabs of all these locations if no one is allowed to use them to re-create the locations they come from? What else are they even for if that’s the case?
Anyway, thanks for sharing your thoughts. I’m hoping that an Epic staff member who knows all about the copyright stuff eventually responds.
Regarding the Epic Games Fan Content Policy, it is specified:
“1.4 Fan Content must have no commercial (i.e., monetary) objective…”
It is not clear if publishing unmonetized islands would give a release to use Epic IP. We definitely need a clarification regarding this.
A separate annecodte I noticed according to the fortnite island creator rules:
“4.1.2. Islands that use the “Battle Royale Island” starter island are ineligible for engagement payouts.”
There is evidently a distinction to how much you can crib from Fortnite IP before it is considered unmonetizable given this exemption, or perhaps that the exemption is just a separate quality control concern.
So it looks like the island would have to be unpaid if it uses too much Fortnite content, but could still be published.
What I would like to know now is will my base island, without detailed NPC’s and a storyline, as a battle royale mode, be allowed for monetization since I’ve built half-replicas of locations from past (though not current) BR islands.