[Question] Copyright in fangames

[SZahier]

I've read about copyright (a little bit)and I want to know, aren't pokemon fan games like ilegal or something like that?
I read they can't have pokemon's official stuff and you can't ask for an official permission, but I've seen a lot of fan games.

 

[Killua]

It is complicated there is a lot but unless someone tries to make money or the game gets too big they dont care

 

[CrashmanX]

Basically if you aren't making a profit or trying to, you're fine. But the moment you do start to make money, you're in hot waters.

 

[amkgames]

Maybe if require Pokémon roms to play the fan game and not make money from it then it is not illegal or maybe it is. :P
But they won't do anything if Pokémon roms are required to patch fan game and not make money.
PokéMMO takes resources directly from roms, probably.

 

[MysteriousUser94]

You're not allowed to distribute a "ROM" you bought the cardige not the content and you have absolutely no right on it.
Rom Hacking is highly illegal and fangames are illegal if they use the original work of Game Freak. If the fangame is only a "pokemon like" with its own Pokémon and its own graphics, there's no matter (as long as you do not make money with it).

 

[Rot8er_ConeX]

You're not allowed to distribute a "ROM" you bought the cardige not the content and you have absolutely no right on it.
Rom Hacking is highly illegal and fangames are illegal if they use the original work of Game Freak. If the fangame is only a "pokemon like" with its own Pokémon and its own graphics, there's no matter (as long as you do not make money with it).

This is technically wrong. A completely original Pokemon-esque game that doesn't use the name Pokemon at all is fully legal and can be sold. It's why there's all the weird Pokemon-like games on Android.

A game that uses Pokemon's name and assets directly (like most of the stuff here), on the other hand, skirts the edge of legality. The way companies handle it is that it's a tolerated evil and a side effect of being popular...until the creator of the game starts making money from it.

 

[MysteriousUser94]

I agree, I just didn't included the fact of not using the Pokémon Name ^^'

 

[GabriMagic]

So, the best option is to change the name to the game?

 

[Black Temple Gaurdian]

So, the best option is to change the name to the game?

Fair use is a weird grey area. If the work is non-profit and "transformative", you're in the clear. Good luck getting anyone (especially a big company set to lose out from it in their minds) to agree on what's transformative though.

Of course, that only applies to copyright. Trademark is a lot stricter, and whether or not the trademark owner acts on an infringement is their choice.

 

[Deukhoofd]

In principle by using copyrighted and trademarked content, putting it in your own setting and distributing that you are going against the law. This means that Nintendo can send you a cease and desist letter, and you will need to comply.

While a lot of people might try and argue that it might be fair use, if you don't comply with a C&D, Nintendo would drag you in front of a court, because that is the place these kinds of things are discussed. The issue with this of course is that you are extremely unlikely to win, and this will cost you quite a bit of money.

Luckily for us, Nintendo hasn't sent too many of these recently. We try to keep on Nintendo's good side by keeping all Pokemon content strictly non profit. This is why recently a lot of fangame developers got angry at another game (Generation 0), as he tried to sell alpha builds of his game. As we all love our fangames, we don't want this to happen. Therefore, keep all games using content of Pokemon strictly non-profit.

 

[fr0styguru]

Therefore, keep all games using content of Pokemon strictly non-profit.

I asked a question about this before, but the answer I got was no one knew for sure and to do it and if there was an issue to just take it out. But I was kinda hoping for a more stable answer. I have a clip from a Pokemon movie in my game. Does the same rule apply as long as i'm not trying to profit from the game?

 

[Deukhoofd]

My point is that there is no rule. Your game can be taken down at any moment by Nintendo, if they feel like it. We hope that keeping all content strictly non-profit they might be lenient, and will tolerate us. Therefore, if you're using any copyrighted or trademarked content try and keep it strictly non-profit. This includes parts of movies.