12 replies to this topic

[Paul68Rageous]

Hi guys,
I am absolutely new to here, and I d like to know:

Lets say, in the 90's , there were published some game (lets name it Green Thomas), and this game had pretty nice success, and then, the second game came out with name "Green Thomas: The green woods"
And now I want to make a remake to that game, "Green Thomas: The green woods".
That name still has its owner so I dont have licence to that name.
So how can I name my remake?
"Green Thomas: The green woods - the remake".
"Green Thomas: The green woods - green trees".
"Green Thomas - green trees".
"Green Thomas".
or that name Green Thomas just cant appear in my game name?
I hope you will understand my English

[fireside]

If the company is still around and it has copyrights on the game, then you really can't use it without their express written permission. You can take a chance that the company won't do anything about it or you can name it something that sounds like it, but isn't.

[alphadog]

You wouldn't avoid infringement in a remake simply by changing the name. If the game is still close enough to the original, the copyright/trademark holder can still sue you fron infringement.

As fireside says, at this point you either roll the dice or get out of the game.

[Paul68Rageous]

alphadog : what do you mean by "is still close enough to the original"... well, if I would to make it into 3D (but almost the same)...would be it close to original? what do you think?
And pls. how (in your opinion) could cost licence for such a game?

[Sol_HSA]

Great Gianna Sisters was close enough to Super Mario Brothers to get sued, even though they have completely different graphics and while similar, not exactly 1:1 gameplay.

It's kinda sad actually that at the same time:
- people want to use known brands for their own games (while you could just invent something yourself)
- people think their ideas are unique and worth something (while everybody has ideas)

[fireside]

Quote

- people want to use known brands for their own games (while you could just invent something yourself)
- people think their ideas are unique and worth something (while everybody has ideas)

I agree with your first point, however, the second point is a bit over the top. Of course ideas are unique and worth something. Our whole copyright and patent system is based on that. Some ideas are obviously better than others. I play a lot of indy and free games and most of them are pretty bad, really. It's not good enough to be unique.
We all learn by copying. Suddenly it becomes a crime later in life, but what if someone slapped us for copying words that other people use or mannerisms? It's unfortunate that it's somewhat overblown the way it is. I think if people are amateurs they should escape these kind of laws. Eventually it will probably come to that because it's the only rational way to deal with an internet that makes everyone a publisher and therefore a criminal if they copy something.

[Paul68Rageous]

Well, I think I understand. However that game I want to make a remake based on it, is awesome game but these days unfortunately forgotten. So I want to make a remake to nice graphics, because I want to be that game more popular

[fireside]

Quote

So I want to make a remake to nice graphics, because I want to be that game more popular

The only legal way to do it is to find the copyright holder and get permission. I think there's a clause somewhere that says if you made every reasonable effort to find the copyright holder and couldn't that you aren't bound by the law, but you should be able to prove you made reasonable effort.

[Paul68Rageous]

OK , thanks for your all responds

[alphadog]

Paul68Rageous, on 20 December 2011 - 08:46 PM, said:

what do you mean by "is still close enough to the original"... well, if I would to make it into 3D (but almost the same)...would be it close to original? what do you think?
And pls. how (in your opinion) could cost licence for such a game?

First, IANALADNEPOOTV (I Am Not A Lawyer And Do Not Even Play One On TV.)

Well, there are two possible infringements: trademark and copyright.

Trademark infringement would be if the game you create infringes on legally-filed marks. In this case, the key test (since were obviously past the other tests like the "similar goods" test) is "would an average consumer (not a fanboy/gamer totally plugged into the scene) confuse the two products, infringer vs. infringee?" If you create a game, and use a trademarked items like "Green Thomas: The Green Woods" and simply change them a little, like to "Green Thomas: The Green Woods' Trees", then I'd say there is a very valid case of infringement should the infringee want to pursue it. If the font is the same, and other details are the same, then you are really shoving yourself further into a hole. The other test is essentially if there is intent to benefit.

Copyright is similar. There is a similar "confusion" test: would an average person recognize the alleged copy as having been appropriated from the copyrighted work"? Another approach used in parallel is that the judge(s) will evaluate the work as a whole, "a.k.a. substantive similarity". You may replace a plumber with an electrician, and lobsters with shellfish, and you save your electrician's license instead of a peachy princess, but if the electrician jumps onto and knocks offscreen the aggressive shellfish, while attempting to save the his/her license, you have infringed on Mario Bros. The problem is obvious: subjectivity. When is the sum of all the elements in a work conceptually similar to another work? Well, it depends usually on which side has more cash for better and longer-lasting lawyering...

The basic thing is, try not to actively get yourself into a grey area, esp. if the infringee has a history of being litigious, ex:Tim Langdell.

As for licensing costs, there is no rule-of-thumb. It's whatever the licensor thinks they can grab from the licensee, plus the added factor of if the licensor wants the licensee to be successful or not.

[Paul68Rageous]

Thanks for respond, I just contacted the owner of licence of that game, and he wants to sell one-time-licence for 500dollars

[Reedbeta]

That seems pretty low to me. If you can afford it and you're interested, maybe you should take him up on the offer. Negotiate the price down a bit, though, just on principle.

[Paul68Rageous]

Yeah, I will try because, game will be free and money wont "come back"