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[Question] Legality of a Pokemon fangame made using 100% custom assets, but still using Pokemon likenesses

1
Posts
2
Years
    • Seen Dec 1, 2021
    Apologies if this question made some eyes roll. Yes, this question has been done to death, and yes, I've done the research online, but it's hard to reach a conclusion for the game project I am planning on embarking on. I wish to know ahead of time if there is ANY non-trivial probability of suffering legal consequences, and I will abandon the game if there is. Here are its relevant characteristics:


    • Noncommercial - no money will be made in any way whatsoever
    • Code is completely home-grown in C# and Unity, not using any official source code
    • Art assets will be commissioned to artists who are paid for making simple sprites - again, no ripped assets
    • Gameplay is 3rd-person RTS, not Pokemon's classic blend of turnbased and RPG
    • Setting is a Bronze-Age all-Pokemon society, not like the core series' modern day setting with both humans and Pokemon
    • However, all characters and combatants are, well, Pokemon, and their likenesses and combat abilities from the official games will be represented accurately here


    Here are the terms of use as I understand them, read from here :


    • Noncommercial
    • "Informational purposes" only
    • No branding
    • No affiliation
    • No changing of license


    The only guideline I'm concerned with is the fact that all usage of Pokemon assets must also be informational, like Let's Plays, or discussion videos, or anything else on Youtube.

    Thank you for reading this far. I understand this is a tired question at this point, but I need to make sure there is minimal risk with making a free RTS game with Pokemon characters.
     

    Pokeminer20

    PDM20, Coder of Chaos!
    412
    Posts
    10
    Years
  • I can only see 1 potential flaw in your set up.

    Quote:
    "However, all characters and combatants are, well, Pokemon, and their likenesses and combat abilities from the official games will be represented accurately here"

    to answer your question I will provide a simple Proverb
    "If it looks like a Duck and quacks like a Duck, it's a Duck"

    Therefore:
    "If it looks like a Pikachu and acts like a Pikachu, it a Pikachu and Nintendo can get you for that"
     
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