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


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#21 lithos   Members   -  Reputation: 413

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Posted 02 May 2013 - 02:55 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).



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#22 Jsmith72680   Members   -  Reputation: 190

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Posted 05 May 2013 - 01:21 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.



#23 Juliean   GDNet+   -  Reputation: 1894

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Posted 05 May 2013 - 11:09 PM

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?



#24 Kryzon   Prime Members   -  Reputation: 1972

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Posted 06 May 2013 - 05:49 PM

I think you should put your creative mind into making your own IP.

This way you'll have complete ownership of your product and have that extra taste of creative freedom.






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