Writing a sequel to a game you didn't create (legal issues?)

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4 comments, last by Obscure 17 years, 1 month ago
Ok, let's say I want to create a sequel or prequel to a game I didn't invent and was dev'ed by a totally different company... for instance, Azurik: Rize of Perathia for Xbox. What leagal issues would I have to take care of before actually putting such a plan into motion? Would I have to buy the rights to the game for x million dollars? Or would it be up to Microsoft?
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You would hire a lawyer who specializes in Intellectual Property and Trademarks. They would then tell you what you can do and how much it will cost to get the license, if the company is even licensing. If the company who made the original game doesn't want to license the sequel to you, you should not make the game.
You need permission from the IP owner. You, or your lawyer, need to contact their licensing department in order to ask about licensing. The vast majority of companies will expect to be paid and it will be up to you to make them an offer. Keep in mind that it costs them money (legal fees) to do a deal so most will expect money up front, plus a royalty on every unit.

In short, unless you have the cash for a lawyer and the money to pay the advance then licensing isn't a realistic possibility.
Dan Marchant - Business Development Consultant
www.obscure.co.uk
Change the name to something original and you're scott free. Of course it's not a "sequel" any more...
Quote:Original post by Anonymous Poster
Change the name to something original and you're scott free. Of course it's not a "sequel" any more...


you also generally have to avoid using characters etc from the original game(s). (This ofcourse depends on exactly what trademarks the original developers registered)
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Quote:Original post by SimonForsman
you also generally have to avoid using characters etc from the original game(s). (This ofcourse depends on exactly what trademarks the original developers registered)
The key protection for characters is copyright not trademarks. All the characters in Harry Potter are covered by copyright. However only "Harry Potter" would be considered a trademark.
Dan Marchant - Business Development Consultant
www.obscure.co.uk

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