Is it a possible to revive a dead franchise without legal repercussions? For example something like Musashi: Samurai Legend, released in 2005 with no trace of anything else from Square Enix since. Is there a limit before a trademark on something like this would expire or would it be best off just avoiding the name entirely?
Also, to what point would it be acceptable to remake something such as this?
Copying level layouts
Copying characters (not ripping assets)
Copying the story
Using the name of the title or as part of the title (appending it with Fan HD or something).
Would it be best off making something else like a sequel and calling it a spiritual successor?
If i use a real life landmark or country on my game as setting is it neccesary to ask permission or getting an approval for it?
Are weapon also have a copyright and need permission like AK45,M4A1,etc?
3.If we use police or any organization do we need a permission from them?
4.is about copyright for using a real people on game like people from WW2,abraham lincoln,etc for example
5.Is using an old property considered legal like old painting,music,etc like “mona lisa” painting?
To license image or brand display use rights, I got following questions:
Which are the best ways to document license agreements? Just a document signed?
How secure is to use DocuSign in order to safeguard a license agreement? (Epic uses DocuSign for NDA signatures).
I guess a huge topic are also guns… lets take the iconic H&K MP7, this gun is basically in every shooter at least in AAA titles. When using a gun that is called MP7 in my game, is this now a problem or not ? Does H&K even care ? Does every publisher really have a license for every gun they’re offering in games ?
what about the unique mechanics of a part of a game, for instance the GlooGun in Prey, what part of that mechanic of sticking to a wall for climbing as well and disabling enemies can just be used without giving credit to the original idea?
further to this question, can you adapt a paper and dice game mechanics system to a video game, and how much do they have to be different before you have to claim origin?
I have followed concerns expressed in other posts and with that I come up with another question:
if a weapon that is not showing a brand or logo is asked to be changed to be not like the original in real life (ie. AK 47), can the seller still put into the shop text that this weapon is based on the AK 47, even being different?
how could we approach, as sellers, to guide the consumer of these type of assets to understand that this weapon is that one (in the example AK 47)? Because some people will look after the model name and if not found it is a sale lost.
Is emulating a physical patented object in the real world a violation of a patent? for example a mouse trap that is simulating a physical mouse trap, or possibly in game rectangular objects simulating a game of jenga in VR.
are similar physical board game rules being emulated a violation of a patent?
you need to turn the tables on them like TV does… say you have a program with soda, and you go to coke and pepsi and say ‘I will use coke instead of pepsi if you pay me money’… act… don’t react…
[Question for Canon, or other] If I wanted to make a game based on a book, it would be obvious copyright infringement if i didn’t have a licensing agreement from them if it were published, but if I put it out as a tech demo / proof of concept / or fan appreciation project (all for free), would that still be considered copyright liability and what would be the best way to handle it?
A) Well the fact of civil law is party A can sue party B for any reason and in the US only needs to file a claim that from my understanding only costs a $350 dollar filing fee so a lot of times it does not come down to what is right or wrong as to fair use but who has the better story as to their claim of infringement. Typical for example Disney does not care if they will win or loss under the scope of fair use but rather using the process to protect what they “feel” is their IP property by default even if it falls under fair use doctrine so if you made and make use of an asset that looks close to Mickey Mouse except at the very least a cease and desist notice.
B) If an asset element is based on an asset paid by taxes then it’s fair use under public domain. For example the White House is built using taxes. NASA is a civilian based organization once again paid using taxes so assets like the shuttle are pair use.
C) Weapons in most cases is fair use as to letters and numbers can not be copyrighted (even though Apple will have you believe other wise). The 1911 for example is out of patent and there are hundreds of manufactures so who would sue you?
D) Avoided the use of branding. Calling the 1911 the Super Gun 1911 = OK but calling it the Colt 1911 is a different animal and a case you would probably loss.
E) In all cases refer to A.
That out of the way in most cases you don’t need a lawyer but rather have an understanding of copyright and the issues in the same way one understands the finer details of baseball that goes beyond the average fan and once you get into it you will have a better idea what to do the day the paper work starts arriving in your mail box
Check out Leonard French’s channel
P.S. Be aware there are more people out there who have no idea as to fair use and are usually the ones causing the most problems so always question what seems legit.
Usual disclaimer I’m not a lawyer so if it maters ect ect ect…
Copyright infringement is not always obvious as some IP already have a seated fan base doing fan art, Star Wars for example.
But
The power of the copyright is not based on facts of law but on the willingness of the copyright holder to enforce their rights. To allow fair use of IP is at the discretion of the holder so doing fan stuff with Star Wars was fine with George but not so much with Disney who now owns the property.
P.S. Doing something for free is worst than stealing the works as it debases the $ value of the IP licensing.
If you’re copying something then it’s copyright infringement unless the works are in the public domain. If the copyright holder allows it then good, but I am yet to see an IP holder allow organised copyright infringement. The moment someone gets a team or a website together then the cease and desist letters start coming in.
So by all means do fan art, fan-fiction, a solo fan-made game, but don’t expect to put it on Steam or make any money from it.
Usual disclaimer I’m not a lawyer so if it maters ect ect ect…
Copyright infringement is not always obvious as some IP already have a seated fan base doing fan art, Star Wars for example.
But
The power of the copyright is not based on facts of law but on the willingness of the copyright holder to enforce their rights. To allow fair use of IP is at the discretion of the holder so doing fan stuff with Star Wars was fine with George but not so much with Disney who now owns the property.
P.S. Doing something for free is worst than stealing the works as it debases the $ value of the IP licensing.
Just wanted to jump in here and thank the both of you for this stream, it was really insightful. I certainly have a little bit better understanding about how I should go about things even if some of it will be difficult. I really appreciate the time in answering everyones questions and running us through the marketplace stuff for those of us who dont have access to the sellers forum.
All in all it was nice to get some reinforcement for how I tend to go about things generally avoiding using brands entirely, not trying to copy but instead being inspired by but with a view that its a possibility to get some product placement in the future. I have considered legal counsel in the past but its very cost prohibitive without the project having an income so it was nice to get some of the lower hanging fruit sorted out.
