Scared that Nintendo will say that one word: "NO!" (need input)

Jacob Groeblinghoff · 2013-05-06T23:49:30

*If this has already been answered, then can someone direct me to a thread similar to this? Thank you!" So, just recently I got ahold of Nintendo's "legality issues" e-mail address (I put legality issues in quotes because, I don't know what else to call it. Their legal department? lol, whatevs.) See, I have this really awesome idea for another Paper Mario game. The only problem is, in order for me to proceed with this project I would obviously need to have their characters, backgrounds, etc... right? Now, before anyone says anything, I understand that most game companies, especially the big ones like Nintendo and such are very strict in giving rights to anyone. I've tried this before, probably 2 or 3 times hoping for a "yes" but would always receive a no. But this time, I put something in the e-mail I sent, that I didn't normally put before, only because at the time I wasn't completely literate with copyright law. I put that I would give them due credit, and that I wouldn't make any money off the game. I said I would just do it out of pure fun and my love for the game. I also gave them a semi long, but not-too-long background of the game. Now, I've sent this e-mail to them 2 days ago, and I still haven't gotten a response back. Now, granted, it's the weekend and seeing how big Nintendo is, I seriously doubt they have people work weekends, but I'm just kind of getting tired of being shot down. And, something else I put in my e-mail that I really thought long and hard about mentioning (because this is where I have this sneaky suspicion that they're going to say no period) is, this game would also be using characters from Super Mario RPG: The Legend of the Seven Stars. Well, I want the style of Paper Mario to remain the same as it has throughout the series. That's why they call it Paper Mario. However, I asked if it would be ok if I could alter the characters so that they could look the same style as the characters in Paper Mario. And, I bet that's the dealbreaker, knowing Nintendo. So, my question is this: If you were Nintendo, what would you say? AND, if you were to say no, in the future what would I need to show Nintendo to even get a possible yes? Would Nintendo want, for example, a Game Design Document? Help! Please! -PaperMariolover

Games Business and Law Business

Started by Jacob Groeblinghoff April 28, 2013 11:20 PM

22 comments, last by Kryzon 10 years, 11 months ago

lithos

414

May 02, 2013 08:55 PM

Essentially they make exceptions for things like "Wreck it Ralph".

In the production of Wreck it Ralph they never paid to use things like Bowser or other similar IPs. Most companies were flattered by someone wanting to use their characters, and the chance for the almost free advertising. However the producers had to state exactly how they were going to be using the characters, then afterwards follow restrictions from the IP owners that were even stricter.

Which is why they suggested you get a legal counsel to contact them. It sets a minimum about of investment on your part, and with that investment it means that there will be similar/greater investment into quality of your "whatever"(no dilution in the quality of what their IP is attached to).

Jonathan Smith

195

May 05, 2013 07:21 PM

Dose it have to be exactly like Paper Mario? I say if your passion is to create a game that was inspired by paper mario you should do it. Ok so you can't make a sequal to paper mario persay. But that dosen't mean you cannot create a game that would have similarities to it. Think of it as an opportunity to create something you have a passion for in the way you invision it. As long as you don't infringe by using the assets from that IP or trying to clone it. Nintendo will have nothing to say about it. The most important thing it don't give up on an idea just because you first hear no. Some times it just means you now just need to redefine the idea to get the people to say yes.

Juliean

7,343

May 06, 2013 05:09 AM

One thing that surprisingly hasn't been mentioned before: What you do inside your own four walls is your own buisness. Which in this case means that if you make such a game using someones IP just for yourself, while (probably) still illegal, you won't get into legal issues with anyone. But since you are posting this here, I'm assuming you want to at least show the game off somewhere in the web, so that might be out of the question.

Now here comes the more opinionated part. Having finished and released a sequel to a quite old game some time ago, without having recieved a C&D from the IP owners (first announcement and demo was up around 2008), I wouldn't as strongly discourage you from creating the fan-game you want to make. As there has already been established, there are usually only two possible ways for this to end: Eigther Nintendo will silently endource your game, or they will C&D you. To get a permission is very unlikely, and from what I've heard actually getting sued is very unlikely, too. So if you really feel the urge to make that game - then I'd say, go ahead and make it. As you said, give proper credit, don't make any money of it - and be prepared to be shut down any time. If you still feel it would be worth the time, more the power to you. Whats better to use your time with, then a project you really enjoy making?

And just to clarify, I do respect intellectual property, I just feel that creating a fan game isn't a denial of that propery. No doubt about the legal state, which makes sense to give power to control that property. I just belive that making a "serious" fan game is just another way to show that respect - if we didn't like or even love that game, we wouldn't make a sincere fan game about it, would we?