Legality of past RTP characters in a commercial game

[Solo]

Hey, so I know it's totally not cool to use RTP resources from RPG Maker 95, 2000, and 2003 since they were never officially released outside of Japan, but what IF you created your OWN illustrations/character sets/etc. of the past RTP characters? Fess (95), Alex (2K), Zack (2K3), etc.? Technically they wouldn't be the original resources, but does it get a little hairy? Not that I intend to do anything crooked (of course not!), I'm just asking.

 

[Ksi]

I believe - and I may be wrong about this - that it should be fine as long as it's only the likeness of the characters, not an actual straight-out rip. Just as Square can't sue over a pixelled spiky-haired blonde with a big sword and blue clothes, as long as the names aren't the same and they don't look exactly alike, it should be okay. As for recreating and using the names too, not sure about that one. They are, technically, most likely registered trademarks (or at least, Alex and the mains should be.)

 

[Archeia]

I really suggest not using the same design and some such since the older RTPs are going to be converted into VXAce format. Unless you can wait 'till then.

 

[Solo]

I really suggest not using the same design and some such since the older RTPs are going to be converted into VXAce format.

Really!? That's awesome!

Would it be all right to do such a thing after the RTPs have been converted, then?

 

[amerk]

Copying/editing or using as a base editor for programs never released legally outside of Japan, more than likely no. Using them as a reference would probably be okay, but be careful because there is such a thing as trace copying, or being able to copy what you see, which can wind up being the same thing as just ripping it yourself if there are no notable differences.

Anytime you edit something (even if you are doing a sort of trace copy), you need to credit the original source, so if it winds up looking exactly like it could have come out of RM2K/3, you might wind up with some problems.

 

[Kadafi]

So, is it legal to use RM2k3 RTPs (Battlers) on our rmvxa projects? No edit on RTPs but credit still given.

 

[Andar]

So, is it legal to use RM2k3 RTPs (Battlers) on our rmvxa projects? No edit on RTPs but credit still given.

It depends - all EULA's state that you need to own both the Maker you're using for the game AND the maker where the RTP comes from.
So if you own a legal copy of RM2K3, then you can use them legally - but since RM2K3 was never released outside Japan and (as fas as I know) required shipping to a real japanese adress (no download available), the chances of someone owning a legal version of RM2K3 are rather low...

 

[Solo]

My idea was more of a cameo/parody anyway, rather than using them as actual, full-blown characters. Like, you walk into a bar in some random town where Alex and the gang are sitting at a table. Just paying homage.


Isn't there some kind of exception for things like this? Cameos and parodies are everywhere.

 

[Sharm]

As I understand how that works you could use the character's likeness in that situation but not the actual artwork.

 

[Andar]

Isn't there some kind of exception for things like this? Cameos and parodies are everywhere.

Yes, but they never use the original names (which can be trademarked) and never the original artwork (which is protected by copyright). All cameos and parodies always use their own, similiar artwork and modify or don't use the original names.

 

[Shaz]

So, is it legal to use RM2k3 RTPs (Battlers) on our rmvxa projects? No edit on RTPs but credit still given.

Actually, no. Because RM2K3 was never released in English, so if you have a version, it means it's a hacked Japanese one.

 

[Ruby]

^ Not saying I do, but what if you own the Japanese version? Had it shipped to you etc? Then it should be okay, correct?

 

[Shaz]

Yes, if you had a legal copy of the Japanese version (ie - paid for it and have a receipt of some sort), you would be able to use it.