Marvel/DC Comic Games Copyright / Royalty

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9 comments, last by DerekL 8 years, 11 months ago

I'm currently planning on making a game with my team. The story of the game will be from Marvel/DC Comics but will be edited a bit to suit the gameplay (Just like TV shows and movies editing the main story to make it fit the movie and to be futuristic.).

What I am worried is about the copyright from Marvel/DC Comics. There are many games based on the comic characters and even TV Shows. Is it possible to ask for copyright from Marvel/DC Comics or can we just add their logo to the game loading screen and be good to go ?

Should we start with the project and then contact them or can we contact them first ? And if we get the license, is it just for the comics ot are we allowed to follow the TV Shows and movies for their story line.. We dont mind paying royalty, but will they wait till our beta gets funded on kickstarter ?

Can I get some advise on this ?

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There is absolutely no way you can do that, unless you pay them millions. Even so I doubt a company like Marvel would ever agree unless they got absolute say on every single design choice as well as whether or not the game would even be released once done, as protecting the reputation of their multi billion dollar franchise s more important than a single payday.

If you Google a bit you might be able to find info on how strict they are, some big companies will come after you right away to shut you down on principle, whereas some won't really care. In general you can't use any existing IP without express permission.

Sugavanas, you are talking about trademark, not copyright. You can google those terms. And as per above, Licenses for those IPs are probably not available and would be prohibitively expensive.

-- Tom Sloper -- sloperama.com

There are many games based on the comic characters and even TV Shows. Is it possible to ask for copyright from Marvel/DC Comics or can we just add their logo to the game loading screen and be good to go ?


Of course not. Those movies, TV shows, toy lines, video games, and so on are all licensed. Many of them were projects that Marvel/DC wanted to create, rather than some random person with an idea approaching them.

We dont mind paying royalty, but will they wait till our beta gets funded on kickstarter ?


The Kickstarter would be you trying to make a profit via their IP without permission. Expect to get sued into oblivion.

Even if they agree to license the material to you at an affordable rate, expect 6-12 months of contract negotiations before you can go public; and that's assuming the negotiations don't go sour or the expense is too high, invalidating months of interim work. It'll probably take weeks or even months just to get in contact with the correct party at either company, if you can get a hold of them at all.


In general - and especially for indie games - you're better served by being creative and unique. Come up with your own heroes and stories. The "big boys" can make a better DC or Marvel game than you can, so don't even try to compete with them in their own house. Come up with your own thing and own that instead.


Just to help you avoid additional surprises, avoid the term "Super Hero." Note how many alternative franchises use the term "supers" to refer to super-powered heroic individuals to work around the legal troubles.

Sean Middleditch – Game Systems Engineer – Join my team!


The Kickstarter would be you trying to make a profit via their IP without permission. Expect to get sued into oblivion.

I mean, we would first start the project, and then fund it through kickstarter.com. If the project is successfully funded, we will pay them for their license.

Won't they accept payment by some percentage of game sale ? Like UE4 does for 5% each sale.


Just to help you avoid additional surprises, avoid the term "Super Hero." Note how many alternative franchises use the term "supers" to refer to super-powered heroic individuals to work around the legal troubles.

The comic we have chosen doesn't has any games out there for now. But fans are looking for it. We have our own H&S type story but how many people can we interest with it (like without getting to know the story and just seeing a half finished protoype on kickstarter)?


The Kickstarter would be you trying to make a profit via their IP without permission. Expect to get sued into oblivion.

I mean, we would first start the project, and then fund it through kickstarter.com. If the project is successfully funded, we will pay them for their license.

Won't they accept payment by some percentage of game sale ? Like UE4 does for 5% each sale.

Not going to happen.

First off, Kickstarter does not allow you to start projects using IP you don't own unless you have permission beforehand.

Second, the comics publishers are very protective of their IP. They are not likely to license it to a team that has to resort to Kickstarter for funding in the first place - they definitely won't when that team also lacks a proven track record.

Seriously, create your own IP - it's not just your best option, in this case it's really your only option.

The best way is to make a spiritual successor which is "inspired" from the comics/games but make it have different stories, locations and characters.

Look at Obsidian and Playtonic Games. They made spiritual successors instead of trying to get the rights back to their series, and they're huge compared to your indie studio.

Compare Yooka-Laylee and Banjo-Kazooie. Both games have similar styles but they're each their own unique IP.

I would suggest finding other IP to work with. Either come up with your own, or go and seek out smaller comic artists who are building up their own IP.

In theory you could try and run a Kickstarter campaign as a 'blank slate' project before you've settled on a world. "We're still on the hunt for the exact story to tell with this, but here is our core game design and what our software can achieve: [neat if slightly generic action stuff, none of which clearly ties into any given IP or character designs]", but I do not suspect you would have much luck getting backers unless you were an already insanely popular dev group. (And if you mentioned DC or Marvel, even to say you were hoping to license their IP for the final product but were open to others, you would already be on terribly thin ice and open to lawsuits.)

Be careful, and pay attention to IP law.

Old Username: Talroth
If your signature on a web forum takes up more space than your average post, then you are doing things wrong.

Just forget it. Marvel have already tried to sue NCSoft in the past because their MMO (City of Heroes) allowed players to create characters with similar super powers to those of Marvel characters. You are not even going to be able to make a free fan game never mind a kickstarter campaign based around Marvel IP without facing legal action. Kickstarter would probably pull your campaign anyway.


There is absolutely no way you can do that, unless you pay them millions.

Actually, they are into Rev-share lately, but you need to make an extremely compelling case (aka, have already shipped a game that was extremely profitable).

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