Nintendo's Official View On Fangames

Started by DarkMage31 December 15th, 2004 6:38 PM
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  • 71 replies
None of your beeswax!
Seen November 24th, 2007
Posted September 14th, 2005
1,981 posts
19.4 Years
Most of the games here on PC are pkmn fan games, so I emailed Nintendo and asked their position. Well? Would you like to hear what they had to say?

From: [email removed]
> > Posted At: 16:22:45.000 11/30/2004
> > Posted To: Nintendo <[email protected]>
> > Subject: Webform: Software Related >
> >
> >Hello. I am emailing you to ask Nintendo's position on derivitive work-
> >specifically, fan games based on Pokemon. Would you give permission and
> >solicit a home-made amature fan game that will not be sold? They are not
> >parodies or criticisms, so they would not fall under the legal definition
> >of fair use and naturally requires your legal acceptance. The games would
> >not be sold in any way, would not impede on Nintendo's sales, and would
> >only help nurture interest in your products and allow creativity to be
> >expressed through your great concepts. I hope you understand, but if
> >Nintendo does not solicit derivitive fan games, I would be more than
>happy
> >to cease action in your interest without need of legal repricussion.
>Thank
> >you.
> >From: Nintendo <[email protected]> To: [email removed]
> >Subject: Re : Webform: Software Related > Date: Wed, 1 Dec 2004 07:32:33
> >--800
> >
> >
> >
> >Message(#6851-000385-0290\3850290)
> >
> >Hello and thank you for contacting Nintendo,
> >
> >We appreciate your interest in Nintendo of America Inc.
> >
> >Because we receive so many similar requests, our general policy is to
> >decline such use of our trademarked and copyrighted material. Although
>you
> >are not necessarily restricted from going ahead with your proposal, you
>are
> >restricted from using our trademarked and copyrighted materials in a way
> >which would suggest sponsorship, endorsement or association of such a
> >service by or with Nintendo.
> >
> >Thank you again for contacting Nintendo.
> >Nintendo of America Inc.
> >Nicolas Ramu
> >
> >Nintendo's home page: http://www.nintendo.com/
> >Power Line (Automated Product Info): (425) 885-7529
>Thank you. Just so I understand fully, using the actual Pokemon logo, for
>example, would be against your policy, but making my own based on the
>"official" version would be acceptable? And so long as it is specified that
>I am not affiliated or endorsed by Nintendo, it's okay? Just making sure!
>:)
>Thank you
>Subject: RE: Re : Webform: Software Related > Date: Wed, 1 Dec 2004
>17:38:49 --800
>
>Hi,
>
>Thanks for writing! To answer your questions, making your own logo should
>be okay, as long as you don't suggest sponsorship, endorsement, or
>association.
>
>Sincerely,
>
>Nintendo of America Inc.
>Kurt Wagner
>
>Nintendo's home page: http://www.nintendo.com/
>Power Line (Automated Product Info): (425) 885-7529
What about using directly ripped graphics from the official games? Or is
that pushing it?
Hello,

Taking graphics directly from a game would be, as you put it, "pushing it."
Nintendo owns extensive intellectual property rights in all of our products,
including systems, game titles, characters and game audiovisual works. To
protect our rights, we must exercise very close quality control over their use.

The same thing goes for images and information on our web sites. All content on
web sites operated by Nintendo of America Inc., including articles, artwork,
screen shots and other files, is copyright 1997 - 2004 by Nintendo of America
Inc., unless owned by a third party. Trademarks and copyrights for third-party
games and characters are owned by the companies that market or license those
products.

All content, including articles, artwork, screen shots and other files on our
sites may not be used on any other web site, in any publications or in public
performances.

Nintendo does not grant permission to individuals to use any content from our
web sites. Because we receive thousands of such requests, our policy is to
decline use of our trademarks and copyrights.

Sincerely,

Nintendo of America Inc.
J.J. Craig McClure
Basically what I got from this correspondance is the following:
You can make fan games
You can not show affiliation or endorsement
You can not used ripped graphics
-DM31




Dawson

The Rebirth Is Upon Us

Rising From The Ashes
Seen January 19th, 2023
Posted March 24th, 2013
9,727 posts
19.1 Years
Does that mean that we have to take away all the ripped graphics of our games?
or can we leave them and give credit to nintendo?
Well, the chances of Nintendo filing a lawsuit against us are slim to none so I, personally, don't think there's a problem. Of course if you try to sell your Pokemon fangame...that's a different matter.
Seen April 8th, 2015
Posted July 8th, 2012
2,005 posts
18.7 Years
They really only responded in that way to discourage people from doing it. Here is the reason why.

According to Federal Copyright Laws, you can do it as long as you don't profit from it (unless you have written consent from Nintendo). Basically, do what you've been doing and don't charge people for downloads of resources and games and you should be pretty safe, as long as the laws don't change. Besides, Nintendo probably won't go after you for making free fan games... (Would they really want to do that to people trying to pay homage to their products?)

In other words, don't pull a Napster.

If you really want to be on the safe side, you could put a disclaimer that says that the game isn't an official Nintendo Product.
If you spend too much time thinking about a thing, you will never get it done.

- Bruce Lee

The worst thing you can do in a business is blame the customer.

- Willie 'Jack' Degel
Age 35
In a box, where do you think?
Seen December 4th, 2006
Posted November 26th, 2006
4,294 posts
18.9 Years
*Gasp Jeremy is posting here.* :p
umbreon135, why don't you askthem sweetie. :p

Anyway, hmm, is there a certain percentage of gfx we can use, or we gotta make our own?
I wouldn't actually expect for them to take legal action, but I'm sure that they prefer that we make our own.

Massachusetts
Seen June 18th, 2006
Posted June 6th, 2005
90 posts
18.5 Years
Wow! Thanks, DarkMage, this is really amazing... It's great how this Kurt person leveled with you, relatively speaking I mean (and of course while maintaing professionalism). I've spoken to many smaller companies who wrote more but said far less, and I'm sure you know what I mean by that. Of course, it's not Nintendo that's communicating with you, it's a representative of Nintendo, who may not actually be representative of the typical Nintendo representative. (And by Nintendo representive, I don't mean the old "gym leader" reps. ;) )

This is great news. I'd been wondering how to lay out some of the programs I've been working on, and this just about answers that. Again, thanks for taking the time to e-mail Nintendo and letting us in on the response--you were very well-spoken, too! ^_^
~Pidgeot
Seen December 18th, 2004
Posted December 18th, 2004
2 posts
18.4 Years
Well, the chances of Nintendo filing a lawsuit against us are slim to none so I, personally, don't think there's a problem. Of course if you try to sell your Pokemon fangame...that's a different matter.
Excuse me we will take legal action are graphics are copyrighted and so is music pokemon and every thing else

Fangking Omega

Acanthite founder

Age 33
England
Seen January 15th, 2022
Posted November 23rd, 2016
573 posts
18.4 Years
Now that's just hilarious -_-
I'm sure an executive would have a far more official way of stating his presence, and maybe a stronger grasp of syntax ;)

Anyway, it's a pity that they'd prefer us not to use the graphics and stuff. I was working on a game, but I kinda got bored of it and went back to other projects. I can't imagine why we should fear lawsuits though.
None of your beeswax!
Seen November 24th, 2007
Posted September 14th, 2005
1,981 posts
19.4 Years
Hi Nintendos Main Executive, aka Cigarettes. OH! BUSTED! We mods have access to your IPs, genius.

Now that I have a line of communication open with Nintendo, is there anything you'd like asked?
-DM31




Sorye HK

Looking around here and there

Male
Seen December 1st, 2021
Posted October 4th, 2008
3,363 posts
19.4 Years
Well, I'd lost internet connection for the past week so firstly, sorry for not posting.
Secondly, are you sure that it isn't just one of those cases where the 'sibling' uses his account? It's happened to me once before as you all know.
But I cannot deny that the style of writing is in fact very similar to cigarettes himself...
Age 35
In a box, where do you think?
Seen December 4th, 2006
Posted November 26th, 2006
4,294 posts
18.9 Years
Secondly, are you sure that it isn't just one of those cases where the 'sibling' uses his account? It's happened to me once before as you all know.
But I cannot deny that the style of writing is in fact very similar to cigarettes himself...
That's happened to me too(no damage though :P)

Like you said though, the grammar is undeniably similar to cigarette's.
Age 31
Is this relevant?
Seen July 18th, 2005
Posted June 21st, 2005
563 posts
18.8 Years
Hi Nintendos Main Executive, aka Cigarettes. OH! BUSTED! We mods have access to your IPs, genius.

Now that I have a line of communication open with Nintendo, is there anything you'd like asked?


DM,mike said he doesnt work for nintendo,his sis does......

other dude
gamecube will have a successor(my guess)
as all other systems from nintendo have
eg:nintendo-super nintendo-nintendo 64
game boy pocket-gameboy-gameboy color-gameboy advance
My Game+Random Zelda Stuff forum we need mods and members!!

Thunder Cannon Shoppe

.:: Dragonball Z The Wrath of Jetis ::.
.:: Story -Look in thread ::.

.:: Completion ::.

.:: Title/Game Over/End 100% ::.
.:: Maps .1% ::.
.:: Charsets 46% ::.
.:: Battle Charsets 12% ::.
.:: Chipsets 0% ::.
.:: Events 0% ::.
.:: Voices 0% ::.
.:: Character Roles 0% ::.
.:: Credits 10%::.
.:: CMS 0%::.
Age 35
Australia
Seen April 4th, 2017
Posted December 14th, 2015
1,279 posts
19.2 Years
This is rather unpleasant.. Without official pokemon graphics it is incredibly hard to make a pokemon game..
I don't really think that nintendo would ever sue someone trying to make a harmless fangame without selling it, but all the same..

Pokemon Indigo League is a re-creation of the original Pokemon TV series in game form
Massachusetts
Seen June 18th, 2006
Posted June 6th, 2005
90 posts
18.5 Years
It seems to me that there should be a group set up for the sole purpose of creating sprite/graphics and releasing them for everyone to use, not just specific games. Of course this might not be possible because of the attitude that might exist around here, especially concerning open source, which seems to lean towards no one sharing/helping with work/code. (Well, honestly, I haven't seen that here, but it does seem prevalent in other places so I would assume it might be here as well.) Also, to prevent people from putting forward their sprites and then claiming ownership, they'd have to release it under the GNU Free Public license (which is a simple thing) and so put it more or less in the public domain.

Hmm... it just occurred to me that it's odd that Richard Stallman made the GNU Free Public License for that very purpose, yet when Linus Torvalds used the GNU toolkit for Linux and it became popular, he suddenly thinks that Linux should be known as "GNU/Linux". More egocentric than a thought... ah, what the world wouldn't be like without egocentric geniuses! :-)
~Pidgeot

PoKeSaFaRi

Former PokemonSafari Webmaster

Age 37
Male
Spain
Seen January 4th, 2017
Posted March 29th, 2007
370 posts
19.7 Years
First of all, congrat for all that investigation u made DarkMage31! Now I know what can I do and what can't I do if I ever want to make a fan game using a nintendo game to start with...

Editing all graphics and Pokmon would surely be painful if you haven't got a spriter team around (and lots of time too!)...

So...as said above, Nintendo won't take legal actions against us unless u make a game using their (c) stuff and sell them. While we keep it personal or fan made, with no commercial or lucrative purposes, it should be alright.
None of your beeswax!
Seen November 24th, 2007
Posted September 14th, 2005
1,981 posts
19.4 Years
Yeah, that's the bottom line. And don't say you're endorsed by them either!
gamecube will have a successor(my guess)
Duh... it doesn't take a fake rep to tell you that. It's codenamed Revolution and will continue to "innovate" and will be revealed at the next E3.
-DM31