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[Morg]

This is something I'm quite curious about. Is it risky to create and publish a free, completely non-profit fan game? See, I have an idea based heavily around another game series, and it would probably use so many of this other game's elements that it could easily be called a fan game. Now, I wouldn't be stealing any assets outright, but everything would be in the same style, and many of the items and such would be almost exactly the same.

What I'm really asking is, could I get sued?

[Uykered]

Keep it secret, keep it safe. I think making fan-games is a decent way to get into making games, learning from the proffesional game developers etc. But posting it all the over the internet isn't a great idea. Although 99% of fan games never get finished anyway so it's not usually an issue.

[Son of Bryce]

I think it's hard to say if it's risky or not. As long as you're not doing it for profit, you should be mostly all right. I think it depends on the company.

If it's Square-Enix, based on their history, they'll be quick to shut down your project. Or wait till you're almost done and then give you a cease and desist.

But...

Capcom just adopted Mega Man X Street Fighter fan game as the "official" Mega Man anniversary game so you never know.

I think game companies are more open to the fan games now because when it comes down to it, it's mostly free publicity. It could be a problem if a fan game is somehow outclassing them with a game they're selling and they feel like they might losing sales to a fan game. Or if they feel the game somehow diminishes their brand. Once again, I think it just depends on the company.

[Muz]

It's mostly legal requirement, or so I heard. If they let fan games overshadow the game world itself, they might risk losing rights for the game world and such. Most of those companies don't actually want to C&D their fans, but it's the cautious option. They usually wait until it's nearly finished (especially if it's too epic) before giving out a C&D, because nobody actually wants to break someone's heart.

If it's low profile enough, it should be fine. I've seen tons of fan games and fan sites around.

There are still some epic fan games like Armageddon MUD, which still stays on top 20 best MUDs after all these years. Armageddon has better code than most online games and utilizes the theme far, far better than any other Dark Sun game. It's been sued before, they've tried to change the theme before, the lawsuit has been dropped, and it's still running.

Short answer: Don't worry about it too much. Whatever you lose, you'd still gain something. If it's good enough, you can negotiate something. C&Ds aren't the end of everything, they're more like a "We need to talk."

[HDSanctum]

In my experience, fan games hold as much weight as a fan fiction. People who are bored and looking for more of the same might be interested, but they usually won't threaten canon.

Will you get sued? Depends who you are ripping off. The real question is why not just make it original and avoid the issue, especially if you are going to the effort of creating the assets yourself.

[Sergi]

Isn't it just fine if you avoid using their IP like names, music, characters, images, and other assets? If you made a game that was just like e.g. LttP, if you changed all sprites, had all new music, etc. Wouldn't it be just fine, even though it was the same game in all other ways?

[Pedrosanchau]

You won't be sued but you can be shut down. Sega prevented the release of the street of rage remake.

Reason: better than the original, the remake prevents them for selling the original games.

If your fan game is really different from the original, you won't have any problem. Even with using original game assets. See all the Mugen fighting game.

[Nathan Cash]

I don't think you would have a problem. I mean look at IWBTG. Just don't use any of their trademarks, characters, art, music, names of anything and you should be fine. If it is pretty different the worst you could possibly get is a C&D. If you don't outright copy their stuff even if they do issue a lawsuit, just let them know you took it down and you didn't actually directly copy them. I don't think any company would be a big enough douche to follow through with the lawsuit. And if they did, you could easily win IMO. Most likely it will go under the radar.

[GamerGuides]

Depends on the company entirely and some pursue their 'property' more severely than others. But I wouldn't announce it until is was *complete* and then distribute it, that way people get to play it and if you do get a C&D, then at least you can add it to your portfolio of finished games. Best of luck with whatever you decide to do.

[J-Snake]

I will create Super Metroid Tournament, and Nintendo will love it.

But the policy is not an obvious thing for me. Let's say this free game will attrackt many people to another original and commercial game of mine. The creation of SMT might be considered a commercial purpose in this case. I don't know, everything is possible in the silly world.

[Klaim]

The problem with "fan" games, is that by using a copyrighted name or universe or whatever, they put the whole fate of the project in the hand of the right owners.

As long as you understand this very truth, you can easily decide if it's what you want to do.