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Will there be any problems if I make a free pokemon fangame?

A topic by faduh created Jun 24, 2022 Views: 211 Replies: 3
Viewing posts 1 to 3

I know that somebody probably already raised this topic, yet I never found a proper answer.

First of all, there are few games on itch.io on these theme. This makes me wonders if they were deleted or there are just generally not so many.

Secondly, if YES — it is illegal to make a free pokemon fangame with your own art, music, plot and so on... What about the general genre of pocket monsters? Like, Nintendo doesn't own it, right? If I make a game about pocket monsters and never call them pokemons, will this be a solution?

Admin(+2)

Perhaps my answer on this other thread can help you come to a conclusion: https://itch.io/post/6084826

(2 edits) (+2)

I am not a lawyer, but my general advice is this: Fangames are pretty much never safe from the copyright holder, free or no. Nintendo in particular have killed a lot of fangames of their properties, so even if you upload to your own site you will get Cease & Desist’ed if your game ever gains traction.

However they only control the trademark, characters, names, setting, visual designs, etc. Last I checked game mechanics and general concepts are not copyrightable, so if you want to make a fangame I’d recommend the “spiritual successor” route where you take inspiration without directly copying names or designs. Done properly it’s completely legal, which means your game is not likely to get sniped by Nintendo’s legal team and you can develop it in peace. So while I’d avoid the phrase “pocket monsters” (I’m not sure if there’s a trademark on it too or not), your second idea is fine.

(+1)

Thank you so much. This is a reply I was looking for.

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