Hi all,
I am just wondernig if it even is at all legal to make something along these lines https://bloodsergames.itch.io/super-mario-bros-lost-land
but i am remaking mario bros and changing level desing with a free assets tile pack for mario. and the sound effects i kinda just reversed them so they play backwards. Should i just leave this all together and make the entire game sprites and sounds different?
Many Thanks!
Mario and the game you reference are copyrighted and protected content, so using them without the consent of their owners is illegal.
If Nintendo sues you, you have no chance of winning.
That being said, there are companies that allow fan content and others that don't. The internet is full of stories and projects similar to yours that have had to shut down after a cease and desist letter and at the same time there are tons of projects like yours going around. There are cases where the companies have hired the creators or have even licensed the content.
For these reasons, many people think that it is a gray area, but in reality it is not. Using other people's content without their permission is illegal (except for fair use, but that's another topic). and you always run the risk of receiving a cease and desist letter and losing the work you have done.
If your game doesn't sell or gain some popularity, it's very unlikely that you'll catch the attention of the company that owns the rights. But if you want to sell, or protect your work, then you must own (or have the permissions for) all content in the game.
So even if its FREE to play you can still get in trouble?
So using these sprites to make a jump and run game https://webfussel.itch.io/more-bit-8-bit-mario is also illegal? even if i call my game the RUNNER GUY?
Also if i make any type of game i could get sued because there is always some one out there who will think your game resembles their game in a way?
might be overthinking this. but too scared and not motivated to continue at this point cause lets face it who need more trouble in their lives?
It's a little bit complicated. You cannot patent a type of game. In other words, Nintendo does not own all platform or runner games, but if you make a game that is identical to another, then it is a copy.
You can make a game similar to Mario, and it's 100% legal, but you can't make a game identical to Mario because it would be an illegal copy.
You can't use Mario or use the Mario Bross graphics, because both are protected content, no matter how much you change the level design.
If you can design your own character, it can be inspired by Mario, but it shouldn't be the same. You can use similar graphics, but not the same or too similar.
That line is blurred, there is no exact value and it is difficult to define it in words, but if you make your own game, with your own graphics even if it looks a bit like Mario, it is your game and not Nintendo's and it would be 100% legal.
A fangame, even though it's illegal, it's very difficult for you to get into trouble, as I said before, some companies don't have a problem with fangames, but others do.
If you make a free mario fangame, 2 things can happen.
That Nintendo never notices your game or if they do notice that they don't bother to do anything.
The other thing that can happen is that they get annoyed and send a DMC to Itch to close your game or they send you a C&D card so that you can close the game yourself. It's not in trouble, they just "friendly" asked you to close the game.
Normally a lawsuit in court is something complex and expensive, and they don't do it for a free fangame.
If you want to make a fangame, you can, but you must be clear that it's not really your game.
If you make a fangame and nintendo comes to itch and requests that they shut it down, you have nothing to do, those are the risks of making a fangame, but that you are going to get in trouble with the police or a trial in court, it is something very , very, very unlikely.
