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Legal issues for a “fangame” of a commercial franchise?

What if I decide to make a fanmade game from a popular, recent game release?

  • 100% non-profit. I will just post my game in a forum.
  • Graphic work is 100% mine.
  • I DO have some sounds from the original game. I have credited the developers.
  • The game's title might include the original game's title, but I do have other unique words in it.

Is that possible?

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marked as duplicate by Tetrad May 9 '11 at 1:24

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It's not legal gamedev.stackexchange.com/questions/712/… –  Tetrad May 9 '11 at 1:23

1 Answer 1

up vote 2 down vote accepted

I am not a lawyer, and you should consult a real lawyer for legal advice.

However, it is possible to do what you ask, but (depending on where you are) it is almost certainly not legal. Basing your game on somebody else's game without their permission probably violates some intellectual property laws, reusing their assets (such as sounds) probably constitutes copyright infringement, et cetera -- it typically does not matter if you charge for the product or credit the authors. You need their permission, that's what matters.

IP law varies from country to country. In the US, you pretty much can't do this without permission from the IP holders and consulting a lawyer, otherwise you run the risk of getting a C&D and/or a lawsuit.

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