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Is it legal to create a Super Mario based game?
Hi,
I am planning on creating a Super Mario 3d game where Mario is the main character.
Is this legal? Or I have to take permission from those who created Super Mario?
The simple answer is "You absolutely cannot do this." It's a bit silly to think about it! You will be completely wasting your time.
@Fattie Your logic is wrong, Its ok as long as you take the proper precautions, maybe you could email nintendo and ask but to not do is just something you shouldn't think about doing tell you know you can't
It is an unbelievably crazy, silly, ridiculous, and indeed childish idea that anyone could "make a $$anonymous$$ario game". It is plain silly.
You might as well say you want to make a movie, with James Bond in it! or that you want to make a book with Harry Potter or that you want to make a movie with Hans Solo and Luke Skywalker
it is just absolutely, totally, ridiculous. End of story.
And as others have pointed out, spectacularly irrelevant to this forum!
Yeah. There are thousands of $$anonymous$$ario fan games out there(like $$anonymous$$FGG is a website dedicated to $$anonymous$$ario Fan Games). As long as he isn't doing it for profit it should be O$$anonymous$$.
Actually no. He still isn't safe. The company still has the copyright and if the company thinks that it is hurting their copyright or their image then they can do what ever they want. Harmful doesn't just mean badly made or offensive. It refers to something that can take away from their profits in any way by taking away potential clients. It's why that harvest moon like game and the $$anonymous$$etroid2 remake games were taken down. Being free doesn't give you immunity.
ANYTHING that is done with a company's IP can be hunt down if it's not under fair use or is without the company's consent. If a company keeps not getting involved in protecting their IP, they actually stand to lose their copyright after a set amount of years being inactive. Companies like Nintendo and Sony keep their IPs active by releasing them in their virtual stores. It's why running RO$$anonymous$$s in emulators is still illegal (and no, owning the RO$$anonymous$$s doesn't mean that it's legal for anyone except any licensees.)
@Fattie He isn't saying Game in the seris hes saying a fan game
This forum is for Unity specific technical questions. Rather ask these sort of questions that can be discussed on forum.unity3d.com
As long as you do NOT make ANY KIND of money out of it, DECLARE it as "Fan Fiction" explicitly, state that everything is copyright of Nintendo and cease all your rights on the game, and - the best - leave its source project for other unity users out of here, e.g. make it open-source, THEN you are fan-fiction and as such it's perfectly OKAY. However, Nintendo may STILL decide to sue you / threaten you if they dare. I have been made a Mario game before (in Yoyo games's Game Maker) and this is not a problem for today. Still. But Nintendo DID shut-down projects that ended up on .com domains before, even if their source code is still there.
If you are okay with these "terms", go for it. If you want to develop commercial game for Nintendo, sign to Nintendo as a developer, pay your license, read your NDA, You will receive a devkit for the console you want (Wii U), then feel free to use Unity Pro's Wii U exported and make your own Mario game.... LEGALLY.
Exactly it is not legally correct, as Trademarks and copyrights remain of Nintendo, but at least it's respectful to Nintendo for making fan fiction / fanmade games and not gaining monetary value from them. Everybody likes Super $$anonymous$$ario, Everybody makes Re-makes of this game, and not everybody is sued. If you make fan fiction and NOT a clone, make it recognisable as fan fiction. When Nintendo notices that you don't make money off of their products, they may decide to leave you. See how capcom embraced a fan fiction project and blogged about it? :) It was clearly fan fiction, however.
Nintendo won't decide to let it go. If they do, then they haven't seen it. Or they can't trace it back to the guy that did it. You did a game that has nintendo property? byebye. Even game let's plays have nintendo issues now in youtube because nintendo did it's own channel for that.
No it is not legal in countries where copyright or similar author right protection exist.
But if you do not intend to make money with this game, maybe it can be classified as a "fan game". And Nintendo will perhaps not sue you. Are you willing to take the risk?
This question is covered in the forums: http://forum.unity3d.com/threads/86090-How-to-make-a-fan-game-without-getting-all-the-legal-issue-stuff
My thought on this is, if you use your own character art and block designs AND don't sell it for money AND say its a fan game you should fine. Valve never sued the maker of TF2 arcade, because its a fan game
Yes but Nintendo did shutdown a fan game project before. Just be careful.
Don't confuse Valve with Nintendo. Nintendo shuts down any fan made game. Just search for Super $$anonymous$$ario 64 fan remake on google. There was even one that was using Unity. It lasted for a couple of weeks.
Actually, you can create absolutely anything you want as long as:
It is considered parody, which is basically anything so you're good there.
You do not make any money off of it.
It's called Fair Use and I use it all the time. Here's a link.
Now, that being said, this question is not relevant to this website and should probably be taken down soon.
$$anonymous$$aking money or not is irrelevant. Also, you can't honestly say that "anything" is considered parody.
