frogger copy
Author
Hi,
I made a copy of frogger but it is an educational version.
What can I do to avoid any copyright issues.
Educational versions are not cause for copyright?
If I have advertising on the website does this now cause issues?
The game is free to use.
How can I make a game where I dodge objects that isnt like frogger?
http://208.81.130.41/$sitepreview/mrt.com/frogger/frogger.Web/froggerTestPage.aspx
EDIT: Make sure you read Tom's follow-up post below for a correction to my terminology.
Moving you to Business & Law.
Remember that you can be taken to court whether you're in the right or not, and if you're taken to court it may end up costing you a lot even if you end up winning the case. Your best bet therefore is to be as original as possible so your game will not be interpreted as a copy of the original.
In your case my personal suggestion would be to:
I am not a lawyer, and my post does not constitute legal advice. If you want to be sure you should consult a lawyer.
Hope that helps! [smile]
[Edited by - jbadams on April 29, 2010 9:03:32 AM]
Moving you to Business & Law.
Quote:Original post by jagguy2It doesn't matter if your game is educational or not: copyright still applies, and you may be taken to court.
Educational versions are not cause for copyright?
Quote:The game is free to use.Same as above, it doesn't matter if your game is free or not: copyright still applies, and you may be taken to court.
Quote:If I have advertising on the website does this now cause issues?As far as I'm aware it isn't a bigger breach of copyright than it already was, but if you're making money from advertising you may end up having to pay more in the case of a court ruling against you.
Quote:How can I make a game where I dodge objects that isnt like frogger?Firstly the obvious:
- You can't call your game frogger.
- Your main character shouldn't be a frog.
- You shouldn't reuse graphics or audio from the original game, or if you're making new assets you shouldn't base them directly on those from the original.
- You could potentially be in trouble for copying the layout of the level exactly.
Remember that you can be taken to court whether you're in the right or not, and if you're taken to court it may end up costing you a lot even if you end up winning the case. Your best bet therefore is to be as original as possible so your game will not be interpreted as a copy of the original.
In your case my personal suggestion would be to:
- Rename the game, and remove all mention of the original.
- Replace the main character with something other than a frog.
- Change the layout of the map to something original; the general idea of crossing roads/rivers should be fine, but an exact copy is a bad idea. If possible you should also vary the hazards as well.
I am not a lawyer, and my post does not constitute legal advice. If you want to be sure you should consult a lawyer.
Hope that helps! [smile]
[Edited by - jbadams on April 29, 2010 9:03:32 AM]
Edits in caps.
Original post by jbadamsQuote:Original post by jagguy2It doesn't matter if your game is educational or not, TRADEMARK still applies, and you may be taken to court.
Educational versions are not cause for TRADEMARK?Quote:The game is free to use.Same as above, it doesn't matter if your game is free or not, TRADEMARK still applies, and you may be taken to court.Quote:If I have advertising on the website does this now cause issues?As far as I'm aware it isn't a bigger INFRINGEMENT of TRADEMARK than it already was, but if you're making money from advertising you may end up having to pay more in the case of a court ruling against you.
Copyright can still be an issue, but the Frogger name is a TRADEMARK. The Frogger character is a TRADEMARK. But yes, copyright can also be an issue when cloning. "jagguy," you should read the dozens of other posts that asked this exact same question below. And you should read up on (i.e. Google) copyright and trademark law.
Right you are Tom, I should have remembered given I told the very same user a couple of days ago that "trademark covers things such as the title, distinctive characters, etc.". Thanks for the correction.
Quote:Original post by jbadams
Right you are Tom, I should have remembered given I told the very same user a couple of days ago that "trademark covers things such as the title, distinctive characters, etc.". Thanks for the correction.
I'm sure I've slipped and used the other term too. When I'm lecturing my class, I sometimes transpose "publisher" for "producer." Brain not moving fast enough to keep mouth in line.
If you want to avoid liability for copyright or trademark related to Frogger, you will need Konami's permission. Konami will most likely deny your request as they have been diligently releasing new versions of Frogger for the internet, mobile, facebook, etc. If you receive money from advertising on your site and the game is the only thing on the site, then I hate to tell you that your use is not "educational", but rather a commercial product.
As others have stated, making the game available for free and/or for educational purposes does not automatically make your use of the pre-existing work a Fair Use. Then again, reading any number of threads on this site about cloning existing games would have lead you to this conclusion without even asking.
As others have stated, making the game available for free and/or for educational purposes does not automatically make your use of the pre-existing work a Fair Use. Then again, reading any number of threads on this site about cloning existing games would have lead you to this conclusion without even asking.
Quote:Original post by jagguy2
I made a copy of frogger but it is an educational version.
Really, Or are you just saying that in the hopes of getting around Copyright law? Was it developed as part of an accredited educational course (a game development degree course or something similar). If not then you probably won't be able to use that claim as a defence.
Quote:What can I do to avoid any copyright issues.
Not copy someone else's game or if you do then don't distribute it.
Quote:If I have advertising on the website does this now cause issues?
1. If you are distributing it from a web site then it invalidates your claim that this is just for educational purposes.
2. If you have advertising in order to earn money then this is a business, which invalidates your claim that this is just for educational purposes.
3. It also means you have to register with the tax man/as a business in accordance with your local laws and pay tax where necessary.
Quote:The game is free to use.
This doesn't make any difference in relation to copyright or trademark infringement.
Author
Ok I have learnt a few things and other points are not clear.
Might start with 'dont copy someones game' as a meaningless phrase. The idea is working out what this means because it is complicated. What I think is not copying , someone else says it is. Dont paint a picture because the chances are someone else has painted something like it! Where do we stop?
Now there are many types of frogger /space invader games on the net so is this an issue?
I can change the frog and the design no problems. I have a space invader game which again it is debatable what is copying.
Gameplay is not copyright OK . Well then if I make gameplay like spaceinvaders then by default I will have objects like the original or different which now is debatable as to whether this is copying. Shooting a row of aliens is copyright?
The best way is to show examples of what I actually mean.
I get the frogger argument but spaceinvaders have alook at this
http://208.81.130.41/$sitepreview/mrt.com/spaceInvader/spaceInvader.Web/spaceInvaderTestPage.aspx
I can change the title but the game play is similar as you can see. Everything else is unique. base is something I can change as well.
This was posted to me a few days ago
>>If you use a similar environment (such as a building w/robots) or a similar theme, it won't violate the CR laws. As always, common sense should be used, if the environment or story strongly tie into another game there might be a problem.
Again it is up to someones opinion whether the space invaders is too simialr to the original. I think it is actually.
PS all these games are free to use and I dont make money from them. They were made for game making teaching. I intent to make money from games in the future.
Might start with 'dont copy someones game' as a meaningless phrase. The idea is working out what this means because it is complicated. What I think is not copying , someone else says it is. Dont paint a picture because the chances are someone else has painted something like it! Where do we stop?
Now there are many types of frogger /space invader games on the net so is this an issue?
I can change the frog and the design no problems. I have a space invader game which again it is debatable what is copying.
Gameplay is not copyright OK . Well then if I make gameplay like spaceinvaders then by default I will have objects like the original or different which now is debatable as to whether this is copying. Shooting a row of aliens is copyright?
The best way is to show examples of what I actually mean.
I get the frogger argument but spaceinvaders have alook at this
http://208.81.130.41/$sitepreview/mrt.com/spaceInvader/spaceInvader.Web/spaceInvaderTestPage.aspx
I can change the title but the game play is similar as you can see. Everything else is unique. base is something I can change as well.
This was posted to me a few days ago
>>If you use a similar environment (such as a building w/robots) or a similar theme, it won't violate the CR laws. As always, common sense should be used, if the environment or story strongly tie into another game there might be a problem.
Again it is up to someones opinion whether the space invaders is too simialr to the original. I think it is actually.
PS all these games are free to use and I dont make money from them. They were made for game making teaching. I intent to make money from games in the future.
Author
Posted in Law, 23rd March 2007 07:02 GMT
Free whitepaper – Taking control of your data demons: Dealing with unstructured content
General ideas and structures behind computer games and programs can be copied as long as the source code and graphics are not, the UK's Court of Appeal has ruled.
The judgment upholds an earlier High Court ruling in a case involving three computer games simulating pool. Under UK copyright law and EU Directives, the court ruled that the ideas behind the games cannot be protected by copyright, because copyright does not protect general ideas.
Free whitepaper – Taking control of your data demons: Dealing with unstructured content
General ideas and structures behind computer games and programs can be copied as long as the source code and graphics are not, the UK's Court of Appeal has ruled.
The judgment upholds an earlier High Court ruling in a case involving three computer games simulating pool. Under UK copyright law and EU Directives, the court ruled that the ideas behind the games cannot be protected by copyright, because copyright does not protect general ideas.
Quote:Original post by jagguy2
'dont copy someones game'
and
Quote:Dont paint a picture because the chances are someone else has painted something like it!
Are not at all the same thing.
Your intention when you started making you game was to make a copy of Frogger. That is very different from making a game which turns out to be similar to an existing game you didn't see.
Ultimately, if you make something that looks and plays like someone else's game they may choose to sue you. If they do it will be up to the court to decide if your game is a copy.
Quote:Now there are many types of frogger /space invader games on the net so is this an issue?
Lots of people speed, lots of people park illegally and don't get caught - does that mean you wont get caught?
Quote:PS all these games are free to use and I dont make money from them. They were made for game making teaching.
Then you don't need to distribute them on your web site. When you do that it weakens your claim that this is for educational purposes.
This topic is closed to new replies.
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