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Regarding the question it's a bit subjective, realistically I could remove Mario entirely and the paintings, change the name and swap out the music and sound effects and sell it as everything else is all my own work.

But it would be pretty bad to do that since it is literally the same layout and game structure as SM64, so Nintendo would possibly have grounds to have such a project stopped in it's tracks. Not to mention it would be a pretty terrible thing to as a developer and would give me a reputation as a ripoff artist.

My own game Tubby Super Cat is supposed to feel pretty similar in gameplay, and will have a sort of mix of the objective mechanics between SM64 and Banjo-Kazooie, so yeah I will be making something similar, that will feel like the ol' classic N64 games too.

Thanks for the well thought out reply.  I guess I didn't consider how that would make you look, I totally respect and admire you for making that choice.  Tubby Super Cat sounds like it will absolutely be my jam, I look forward to playing and reviewing it!

Will Tubby Super Cat be on as well or somewhere else?  I really want to watch it all come together!