Jump to content

  • Log In with Google      Sign In   
  • Create Account

We're offering banner ads on our site from just $5!

1. Details HERE. 2. GDNet+ Subscriptions HERE. 3. Ad upload HERE.


Reuse a game's GFX, images - of a defunct game company - for commercial game dev.


Old topic!
Guest, the last post of this topic is over 60 days old and at this point you may not reply in this topic. If you wish to continue this conversation start a new topic.

  • You cannot reply to this topic
5 replies to this topic

#1 elodman   Members   -  Reputation: 117

Like
0Likes
Like

Posted 21 March 2014 - 08:45 AM

Greets.

 

Am I right to think, it is allowed freely to reuse games' gfx of defunct companies in my indie developments even for commercial purposes?

 

eg. 

ancient game:

https://en.wikipedia.org/wiki/Legend_of_Faerghail

from publisher :

https://en.wikipedia.org/wiki/ReLINE_Software

as for the Developer, I cannot find them:

Developer(s) Electronic Design Hannover

 

----

And here's another case,

an ancient title, with an active pulisher (Electornic Arts) and developer (Interplay):

https://en.wikipedia.org/wiki/The_Bard's_Tale_(1985_video_game)

Should I ask for their permission?

 

Thanx for any info. Bye.


That was the time, the Golden Age, when C-64 and Amiga ruled!

Sponsor:

#2 Buster2000   Members   -  Reputation: 1773

Like
2Likes
Like

Posted 21 March 2014 - 10:06 AM

No you are wrong.  No matter how defunct the company is somebody, somewhere still owns the rights.  Unless the company has open sourced their stuff then no you cannot use it.



#3 Ravyne   GDNet+   -  Reputation: 8056

Like
3Likes
Like

Posted 21 March 2014 - 10:48 AM

Nope -- its still someone's copyright and very possibly trademark. IP law has very little to do with whether any entity is actively using a piece of IP or not, and you can't assume that IP is freed just because that entity isn't around any more. The IP always goes somewhere -- someone acquires the assets either by purchase or inheritance. IP protection only really goes away under four scenarios -- 1) the author explicitly gives it up 2) the term of protection expires 3) a regulatory body or court rules that it doesn't meet the standard necessary to receive protection 4) the IP holder fails to vigorously defend said IP from infringement and it becomes defacto public domain.

 

Be aware that #4 is not your golden loophole. It doesn't mean that the first movers to start selling unlicensed Mickey Mouse tees get away Scot free if their numbers simply overwhelm Disney's army of lawyers, it means that if, at some point, Disney simply gave up defending that IP, they can't come back years after the fact and start demanding payment from those who've pilfered their IP.

 

Yes, people sometimes make fan-games, mostly without explicit permission, but sometimes with. Whether or not the fruit of their work is released for free or commercial purposes has no impact on how enforceable the IP is, whether they can seek financial damages, and even very little to do with how much financial damages a plaintiff could seek. These kinds of projects, without permission, are illegal strictly speaking (save few exemptions); they don't charge for their product because doing so would guarantee that their infringement and damages would be pursued, not because being free inoculates them from their potential liabilities.

 

Standard Disclaimer: I am not a lawyer, and if you desire to attempt navigating the finer points of IP law, you really should hire one who specializes in such.



#4 elodman   Members   -  Reputation: 117

Like
-1Likes
Like

Posted 22 March 2014 - 02:02 AM

Many thanx for both of you!  

 

A wild, naive thought:

And possibly "creating" a fake of their pictures / images - ie. copying it with minor modifs - like in paintings world, a non-original Mona Lisa, would also make someones very-very angry with me.

 

thanx and ave


That was the time, the Golden Age, when C-64 and Amiga ruled!

#5 Tom Sloper   Moderators   -  Reputation: 10148

Like
0Likes
Like

Posted 22 March 2014 - 07:20 AM

A wild, naive thought:

And possibly "creating" a fake of their pictures / images - ie. copying it with minor modifs


Don't. Make original art.
-- Tom Sloper
Sloperama Productions
Making games fun and getting them done.
www.sloperama.com

Please do not PM me. My email address is easy to find, but note that I do not give private advice.

#6 jbadams   Senior Staff   -  Reputation: 19318

Like
1Likes
Like

Posted 24 March 2014 - 05:17 AM

Legally, copying an existing work with minor modifications (or even just recreating it by yourself without modifying it) without permission is called a derivative work, and everything you were told above about using defunct artwork also applies.






Old topic!
Guest, the last post of this topic is over 60 days old and at this point you may not reply in this topic. If you wish to continue this conversation start a new topic.



PARTNERS