IMPORTANT - need explanation of game copyrights

[bensenvill]

I'm going to ask this in the form of a hypothetical question. Lets say I was working on improving a very well known companies web presence. Now what would do that better than a few web games.

I wish I could specifically ask a comparision (chough, NDA, chough... a little help), but where does the boundry lie between an original concept and copyright enfringment. I know this is totally speculative but 10% inspired/ 90% original concept.

I GREATLY appreciate feedback on this, because I dont know the slightest thing about this.
~Tj

[kevincure]

Parody is OK in almost all cases. Using trademarked characters (like Mario or the actual name of an NGage game) is always a no-go. Aside from that, copyright violation is a bit of a grey area: A judge will examine 4 areas, including how extensively a work is used, the potential of the derivative work to harm the profit-making ability of the original and the reason for the new work (i.e., teaching or for-profit?).

Unless you want to study the field in-depth, though, it's best to go with a general rule: If you have to ask whether it's a copyright violation when you make a derivative work, it almost certainly is.

It sounds like you might just be asking about copying genres or themes, though; usually this is no problem, copyright-wise. The creator of Pitfall isn't seeing any money from all of the side-scrolling platformers made after his game, nor can Carmack claim that Unreal is a copyright violation because Wolf3d came out first.

[Ed Oscuro]

So, essentially you're thinking about Metroid on the Mountain Dew website, or something similar (replace X game from company Y on a website for company Z)?

Unless you copy everything (which you never should), the game won't be a ripoff. I can't fathom that you're going to port any game (or emulate, or what have you) to Flash without having permission to use the trademarked name and characters, because that would be a very bad idea.

How much will be reused from the original game? Any artwork or sound?

[bensenvill]

So, essentially you're thinking about Metroid on the Mountain Dew website, or something similar (replace X game from company Y on a website for company Z)?

Unless you copy everything (which you never should), the game won't be a ripoff. I can't fathom that you're going to port any game (or emulate, or what have you) to Flash without having permission to use the trademarked name and characters, because that would be a very bad idea.

How much will be reused from the original game? Any artwork or sound?

My apologies for the way I needed to ask this question. I'm just a coder who's not use to these issues and am dealing with a large corperation and was very strongly warned about discussing any portion of my work for them. But the feedback I'm getting is VERY helpful, thanks. I'm in no way trademarked names or characters. Its not anything thats for sale, just a way of entertaining visitors for a few minutes on the site. While its still just a basic idea rolling in my head, it only offers a hint (or dash) of a 20 year old game I was fond of.

I need to have a good understanding of issues the company would have concerns about when I propose it to them.
I guess the most conscise opinion I can ask from you guys is, "reminiscent is ok but not imitation?"

By no means is any work I produce something that will neccissarily be used, but the more unique it is, the better my chances are (and my odds are much better with this type of work than something like graphic web design)

~Tj

[Ed Oscuro]

Reminiscent is FINE, imitation might not be something they'd like.

Still, if you can pull off a game that seems like River City Ransom, who's gonna be able to do anything over it? The days of suing people over Street Fighter knockoffs was short lived...ask the video game designers themselves, everything was "me too!" for a while.

In conclusion, go forth and kick mighty ass with your programming sk1zzl35, d00d. :D

[badinsults]

The Fair Use clause allows you to use a certain amount of the original work, as long as it is referenced properly. The certain amount part is not fixed, and is purely how it would be interpreted in court.

[bensenvill]

Well thanks guys for the good news. I have more good news after talking with my contact. Their concern was with their upcoming promotional information, so I can say that this is for miller. Shhhhh, if you guessed what it is DONT SAY IT. I think its obvious to say, that even if it is setup and plays entirely differently, that it has a retro roots.

I'll find out in my meeting tomorrow. The idea may be completely shot down but I wanted to go in with some solidly layed out ideas.

thanks
Tj