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TIGSource ForumsDeveloperBusinessIs it legal to make a game inspired by classics?
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bombjack
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« on: October 08, 2017, 01:45:45 AM »

I'd like to make a game where the main character goes thought parallel universe version of existing video games.
For example it could be dressed like mario (red hat and shirt, denim overall and mustache), and fight mushroom shaped enemies and turtles. Get bonus with boxes marked with a question mark etc...
There is the example of The Other Brothers that are partially lookalikes but apparently legal.
Maybe changing the colors of the costume could help.
Obviously, I won't use the mario name in game because it's a trademark.
I want to go throught different game universe since it's the theme of the game.

So here is the question:
Is it legally possible to make a game that uses assets inspired other games?
By inspired I mean that you can determine the original game even if it looks  different.
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lyon
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« Reply #1 on: October 08, 2017, 10:30:54 AM »

I'd say the more different you can make it, the better. I think the reference can still be made clear with say coveralls instead of overalls, or a different symbol like a star instead of a ? on the blocks.

I don't know how much legal trouble you'd run into if it looked too clearly like the mushroom kingdom with other characters placed in it, but it certainly can't hurt to go as original as you can while still being a clear homage.
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TheClintHennesy
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« Reply #2 on: October 17, 2017, 09:28:13 AM »

Hey Bombjack! :D

I think IIRC in my law class- companies can't really own a "design" or some sort. Like- for example, a Female Sniper character can be made into thousands of different games- and it would be unfair to sew X or Y company. So- I think putting a character with red clothes in a blue jumpsuit us completely fine as long as you don't put it around your brand?

I think it really depends on your intent. If you promote your game using a character that seems as iconic as Mario, for example- that's definitely something that might confuse people with your game being related or affiliated with Nintendo- which is bad. I'm sure there are ways to get around this to get the cultural references- but I believe it really depends on how well you execute it.

"Time Traveling Warrior", "Jumping Plumber". Something as general as that? You can't be sued- and I'm sure players will get the reference you're trying to pull out from. Tongue
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bombjack
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« Reply #3 on: October 17, 2017, 10:04:31 AM »

Thanks for the answers.
The idea is really to take a unique gameplay specific to the game and apply it to the graphics of other games.
Just inspiration not exact same graphics. I found a game that does exactly that.
Either the right holder didn't found it or it is legal.  Huh?
I'll put this project on hold and look to something for now...
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