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Jaret

Can I use assets from another game under these conditions?

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I might be wrong but I believe Ubisoft holds the rights to Heroes of Might and Magic 3 and Bethesda holds the rights for Fallout 2. If those rights are mutually shared among the developers and publishers I don't know, but you'll have to contact those parties.

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I just shared those two projects as examples of what I was looking to develop. Why would I have to contact the companies?

Anyways I did contact Blizzard though and they replied right away. I already shared the public page where they state weather or not game assets can be used for such fan projects. And the answer was "no". And I believe the same should be true for any game. Here is the link again http://us.blizzard.com/en-us/company/about/legal-faq.html

I hope this topic can be informative for other game devs who have the same question in the future.

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2 minutes ago, Jaret said:

I just shared those two projects as examples of what I was looking to develop. Why would I have to contact the companies?

Anyways I did contact Blizzard though and they replied right away. I already shared the public page where they state weather or not game assets can be used for such fan projects. And the answer was "no". And I believe the same should be true for any game. Here is the link again http://us.blizzard.com/en-us/company/about/legal-faq.html

I hope this topic can be informative for other game devs who have the same question in the future.

I thought you wanted to use either the Fallout 2 or Heroes of Might and Magic 3 IP and were looking for licensing info on those two fan pages. I most likely miss-understood your post.

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On 11/15/2018 at 9:00 AM, Rutin said:

This is a major misconception.... Just because a game has been given the title "abandonware" by the public doesn't open up usage rights unless they've stated otherwise. Siege of Avalon was developed by Digital Tome and published by Take 2, Globalstar, and Black Star. You still have to obtain consent from those parties to use their IP.

Just because a party would be unlikely to pursue you legally for the infringement doesn't make it legal or even morally right. If the prior IP owners are no longer in existence (companies shut down) and the IP hasn't been transferred then of course the likely hood of getting sued is slim to none because no valid party exists, but again it doesn't make it right to do so because you can. 

You really should sit down with a lawyer about this, otherwise accept the risks once you cross that line.

If the company shuts down and doesn't transfer the IP then no one owns it.  and it becomes public  domain.  But that rarely happens usually they sell it off or it gets acquired  as part of bankruptcy  settlement.

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On 11/18/2018 at 1:48 PM, macmanmatty said:

If the company shuts down and doesn't transfer the IP then no one owns it.  and it becomes public  domain

I'd never thought of that.. What happens if noone owns it.. everyone is free to use it then? 😮 

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1 hour ago, CyberFlash said:

What happens if noone owns it

You better be sure nobody owns it before you use it.

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yes but only if no one owns it. Even if the company  dissolves with out bankruptcy  99% of the time  the IP transfers to someone usually one of the owners or the creator or the relatives of one of the two  if  the owner is dead.

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1 minute ago, Tom Sloper said:

You better be sure nobody owns it before you use it.

For sure! I probably wouldn't even wanna risk it tbh though. I was just astonished that under the right circumstances anything can become public domain 😮 I mean it makes sense.. Like I thought it would have been like this:

2 minutes ago, macmanmatty said:

the IP transfers to someone usually one of the owners or the creator or the relatives of one of the two  if  the owner is dead.

But yeah I suppose there is always that 1% chance, lol 

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3 hours ago, CyberFlash said:

😮

But yeah I suppose there is always that 1% chance, lol 

that's why I play the lottery.

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