using Copyright/Trademark -ed series or characters in your game?

I just thought about this recently when I like a certain anime series and want to make a game based on that series. that means I will use the title for the game, like most games eg. "Big Hero 6 : Bot Fight", or "Doraemon Repair Shop", "Real Steel : Robot Championship blah blah", "Iron Man 3", "Ultimate Spiderman", etc.
but some of these titles might be official ones (which they ask developer to make games for their series/movie)

but if it's fan made games (not commercial, but with IAPs and Ads), like there's a ton of doraemon, frozen, or [[insert any popular series/movie]],
or if I want to create from some other great titles like "Gundam Tower Defense" (not that I want to make this)

do the developer need some agreement?
or no? because it's fan made?

i'm sorry if some parties are offended.
this post is out of curiosity.

 

Umm, are you really asking if you need permission to profit off of someone else's IP?

http://sloperama.com/advice/faq61.htm

 

Nice! That site has a very complete response.
It is amazing how often this question comes up. For example, if you just google the title of this thread, plenty of answers come up.

 

@R.Lindsay Going to have to file that site away for future reference.

 

thanks for the enlightenment. just read it all and browse some more articles.
bcos "Others are doing it" is not a nice excuse...

but i dont really understand about the "share it publicly" problem.
because the IP I talk is about art (not the gameplay), why the art sharing website is not closed by .... DMCA?
blendswap, sketchfab, deviantart, p3din. are sites that's used by artist, sometimes the arts/models are "fan art" from famous titles.
and the artist get donations if ppl like their work (i know someone).

and what if I change the word "IAP" to "donation"?
-- it's not meant to make profit, but the world enjoys and click the "donate" button, and they get some reward for donating

the world is now confusing right? XD

 

Did you read the info that was posted at the site @R.Lindsay posted? All your questions are answered there.
But here you go anyway:
- Gameplay can't be copyrighted or patented.
- if you have ads/IAP it is commercial, that is what commercial means.
- even if you make it free, you still don't have the right to use other people's work, you can be sued.
- Yes other people release infringing games, and they get sued and they get shut down. Check some of those games you have seen in about a month, they will probably get pulled and new ones will be out there.
- Art sites are different, it is about brand dilution and competing products. Those products are not competing with IP owner products and aren't really products in the first place. A game is not "fan art", it is a competing product and can lead to brand confusion/dilution.
- calling it donation changes nothing.

None of this confusing at all, it is very simple actually. If someone else created it, they own rights to reproduce it. You need their permission, (which you won't get). Period.

Make your own stuff, don't be a bottom-feeder. If you do it you will eventually will get shut down, and you may get sued, especially if you are trying to make money off of it. It is a huge waste of time.

 

I don't really get the site that Lindsay posted. I read it, but the bad attitude of the author ruins it.
I like your version. lol.

actually I'm in an indie team consisting 4 men, and we make our own original stuffs (characters concept, storyline)
like I said, it's just out of curiosity.
Well I'm a big fan of this series and found no games of it. So I thought I can make a fan made game.
But is there anyone that want to waste months of hardwork just for nothing?
actually you're happy, fans are happy. but you don't eat happiness to live, right?
knowing that it's impossible (actually possible, but violating law) to even make it free, then I'll just throw this idea

I can't agree with that (even if I'm using my own stuffs). Commercials are meant to get profit. Donation is a method to support devs (theres paypal if IAP is prohibited)
--(commercial) you want to play? then pay first and get all features
--(donation) you can play it. if you like our stuff and want to support us, donation is welcome
better marketing won't get you that much different in donation

if you know that popular Attack on titan tribute game, the devs are not asking for donation, but the world still donates them for more update and monthly server bill (because they like devs work).

final question (maybe), how do you license your game? If in a near/distant future I'm willing to make this project, I'll go the legal way.

 

You have to present it as a fan spoof - and you'll need it to be a continual series of spoofs so that you can make the same claims the mass media makes using celebrities and other IP as 'news'.

e.g. in the USA: People Magazine, National Enquirer, CBS, NBC, ABC, and I cold go on but it clear you can do such games if you adapt it to meet the requirements of the IP laws.

So you can do such things in a series of game levels legally but you need to present it as a news and fan magazine in game format. Your problem is you don't have the resources to do that and your 'one-off' will violate IP laws even though you can do your one off in a way that is satirical or news / trivia style. I saw one game recently using movie trivia and obvious pictures of the real celebrities altered so as to not violate other people's IP.

 

Infringement is civil law. If the product in question generates revenue for the developer, the owner suing you can seek recovery of it. Doesn't matter what you call it, donations, ads whatever. The monies are a direct result of the product. No product, no donations. It's revenue/commercial.

You mean if you want to make a game based on an existing IP like Iron Man? You contact the owners. You would contact us (Disney) for properties like Marvel/Star Wars/Disney. If your product/company is approved, you would pay a licensing fee, and typically a percentage of the revenue. (it varies). Bear in mind the licensing fee is not cheap (typically millions depending on the property). And you pretty much have to be a top developer to even be considered (NimbleBit, Rovio, Microsoft, etc...). Basically, unless you are highly successful, proven studio already with a track record of commercial hits, it really isn't going to happen. Build up a portfolio of successful games first, then consider whether licensing is a viable option.

 

It is ok to do just like downloading movies is ok to do.

not really

but if you are working on something that you would likely never sell, then that is ok. This could be a learning project, and I use copywrited assets to prototype and test all day long, but you just have to keep track before launching it out there. Disney will sue you for a few million. They hire hordes or lawyers and people to seek out this stuff. Thy will find you and you will owe them millions of dollars. Marvel is big on that too. You have to remember, their business is built off of protecting their right to be the only one to display those characters.

 

Marvel/Disney are the same company, and you are correct essentially, our IP is the foundation of our business. Usually it is just a case of having the infringing material pulled. In infringement cases damages are usually awarded based on impact. It if simply ripping of the IP, a company usually can't get much beyond what the product made. You can't really sue for millions unless the infringing product actually made millions. Or if the product caused damage to IP owner's rep. But that is very rare and difficult to prove.

 

There are plenty of legal movies that you can download and many that were even successful in their day.

The author can make such a game using another's IP and it might be a blast - in which case you get the money and replace the other company's IP with your IP because the IP is where companies like Disney get huge. All those toys and such, why give up that chance to use another's IP?

 

I think you get my point of the movies. We are on the topic of IP an not opensource, so it is obvious that I am referring to torrenting movies that are considered IP.

 

okay2 XD

I actually started in gamedev last december. so it's exactly 1 year with this team.
2 games are out in google play, but don't expect too much. the first purpose of these 2 project are learning.
goo.gl/Eifeuw
goo.gl/zVuNHo
the current project will be much different from those 2. eheh...

big thanks for your time, mister zombiegorilla.
great information.
I'll continue in the right path of game development...

Regards...