Video Game Parody (Law/Design)

[N-Game Arts]

Hello,

Some of you may know... I've been hard at work on a Resident Evil RPG parody style game.
I'm about 3 weeks in development (which I know isn't much) ^^;
I will be using many assists from from the original games....

It's sad how often we see smart and good projects drop do to cease and desist orders. <.<
but one thing I know is... a lot of the games you see getting a "cease and desist" is from games that almost a hard copy of the original,
other then a graphical upgrade.
which is indeed a infringement of the copyright laws... The new graphical one could hurt the sales of the copyright original.

but a good few cease and desist order to some games are nothing more then a hollow threat, just to bully people around.
a Parody is in the fair use to the maker as long as you are not damaging or harm the reputation of the original or try to pose as the original.
it's fair use.
http://borgus.com/legal.htm
http://fas.org/irp/crs/RL31423.pdf
if you like to read more about it.

My game will be a Parody, which meaning I'm going to make a great deal of jokes and point out some of the silly stuff to the Resident Evil games.
and as well a twist... Meaning my game will not be mirroring the original games Story or Gameplay or even Level Layout and mostly be a Abridged style.
and as well I'm not turning in a profit from the game... and was going to show the legal rights stuff in my game and videos.
It's these laws that people forget is why there are shows/music like
South Park
Family Guy
Dragon Ball Z Abridged
Sword Art Online Abridged
StarBomb
Weird Al Yankovic

I'm bringing this up, cause most of everyone here have and is at hard at work on their own game project.
So I love to hear your thoughts on this matter from the law and how go about designing such parodies, and if you have some good helpful knowledge on this subject.

If they do send me a cease and desist order, I'll more then glad fight them on it and also send them one of these.

 

[bgillisp]

There are a few things you really need to look up before proceeding (and keep in mind internet =/= a lawyer, and there are many false 'facts' on the internet).


1: In some countries, the law regarding the IP REQUIRES them to sue you the minute they learn of your project. Failure to do so can be seen as abandoning of the IP. Now, this is not an issue if they have indeed deserted the IP and don't care if it is a free for all now, but in other cases, they have to do it to protect their work. You may want to investigate if that is the case for this IP, and if that company has a history of doing C and D for fan games, best to not proceed, unless you really want to spend the hundreds to fight them in court.


2: Using the assets is probably not legal, fan game or not. The maker of those assets has the copywrite to them, and if they don't want them used, that's the end of that debate. Now, you can do your own version of that asset (which is what many fan games do), but a direct rip is 99.9999% of the time illegal.


3: You have to check if the title Resident evil is trademarked. If it is, the laws are completely different. Trademark =/= copywrite for legal purposes.

 

[N-Game Arts]

indeed, and why I wanted to have this subject.
I would have to say strongly that Resident Evil is trademarked by capcom and they very much want to keep that IP.
I can't say I ever heard capcom stopping a free fangame... hell I'm not the only Resident Evil RPG out there
http://residentevilrpgrebirth.blogspot.com/
Which released in 2007 and been re-mastered this 2013.

To use assets in use in a Parody way is indeed legal.
is why Dragon Ball Z Abridged can stay up on youtube for 10 years now.
is has the original art and music playing... other then script and voice acting.

I would think both trademark and copywrite are falling in the same order here.
 

 

[bgillisp]

Just because it exists doesn't make it legal. The other RE game might not be known about again. So existence is a poor indicator.


As for the Dragon Ball Z example you mentioned, they can stay on youtube if they give all the ad revenue to the holders of the original IP. Or if the original IP don't care. Depends on what the holders decide to do. However, you'll never know which is the case, as that information is not divulged to the average viewer. So I'd not use youtube as an example of what is legal and what is not.

 

[N-Game Arts]

That wasn't my point...
it was just to show case, that there are other projects at large then my self.
and truth not hard to find... just type in Resident Evil RPG and it's first thing to pop up.

again not what I was trying to get at.
and both those reasons are not why they can stay on youtube... because it's law.
Parody of a copywrite material fully legal... because it was changed in use of a comedy effect.
is why South Park and Family Guy stay on the air... when they use TONS of copywrite material and make a profit off of it.
Why this is the case is
Sword Art Online Abridged has their videos taking down every time they upload a video. by from some place from Sony
but as I've said the use of copywrite material in a Parody is fully legal... and what "Something Witty Entertainment" counter claims with and win everytime because it's law.

and now I'm wondering has there ever been a big parody game from a AAA copywrite material game?

PS:
Capcom has even officialize that megaman X street fighter game when it got popular. :/

 

[Wavelength]

Make a game worthy of a cease-and-desist order, then worry about cease-and-desists.

 

[N-Game Arts]

Make a game worthy of a cease-and-desist order, then worry about cease-and-desists.

That's what I'm pretty much getting from this.
as in "You never know untill you try"

I guess these are the reasons why they say the copywrite laws are so damn confusing.
but I think my project is coming along pretty nice and happy with the support I've been getting from it.
 

 

[LightningLord2]

If a lawsuit is an actual concern for you, you can simply do an original thing where you try and capture the feeling of the original game. Mighty Nr. 9, Yooka-Laylee and Bloodstained are examples for such games (though in their case, it's because the original developers behind Megaman, Banjo-Kazooie and Castlevania respectively are behind them).