Games Based on Things (Fangames?)

[deadtuning]

Hey, wasn't sure where the best place to post this was, and couldn't see anything similar though I might be being a total poopbrain, so apologies if I overlooked an answer.


What's the deal with making a game using the engine that is based on, say, another world, a book, a movie etc? A fangame, so to speak.


I was interested in turning some of my favourite books into full RPGs as they've never had a game adaptation before. Obviously if you were to go commercial you'd need a licensing agreement from whoever has the copyright, but for a non-commercial game, what are the rules? I'm not talking about ripping lines straight from the book, but using it as a basis to create a game that follows the same plot, same characters, so that you can experience, in this example, the book in another format. It's not that I don't want to create my own stories, but that I want to share these amazing stories that already exist but in a new way.


Again, not asking for commercial purposes so don't worry.


Cheers m'dears.

 

[Pine Towers]

IMHO you can do it (non-commercial, obviously) as long as you don't use ripped assets (for example, rip a game of Dragon Ball to use its sprites for you fan-game).

 

[Niten Ichi Ryu]

There are no real rules for Fangames.


even if not commercial, some IP owners may have issues with copyrights, and go as far as issue you a cease and desist, some may not care, some may even appreciate the homage.

 

[deadtuning]

@Pine Towers


Thank you, that's what I was thinking. Of course ripping sprites for the game wouldn't be right (DON'T DO IT KIDS), but I imagine an inspired game using original graphics (or RTP) should be okay.


But as you said @Niten Ichi Ryu some may take issue regardless of it not being commercial. I'd guess if it got some attention it may come to the attention of the copyright holder. It's a good thing to keep in mind, cheers.


Thanks, guys!  Helps me think about it, how worthwhile it is (i.e. do I want it to exist enough to do it regardless of the chance it might go - extreme case - to a cease and desist).

 

[Ellie Jane]

Be careful. Legally, they can quite easily sue you, if they want to. Because creating a game with their IP, that in all fairness is their own property, potentially takes sales away from them. (Why buy their game when you can play yours for free?)


If you're lucky all you'll get is a cease and desist, but technically they could pursue further.


id like to say that companies wouldn't do that, but it happens. A war hammer 40k film was c&d'd for example wasting so many hours of development. And then there's square Enix...

 

[deadtuning]

@Amy Pond yeah that's the main thing holding me back, because regardless of whether you detract from the original plot etc, if you're still using say, their universe, maybe some of their concepts, it's still THEIR property. It makes me uneasy.