Copyright issues?

sverx · **on:** September 04, 2009, 02:05:34 pm

Hi, I've got a question for you.
With a friend we're planning about programming and releasing a port (on the Nintendo DS) of a very old game, one of those arcade of the '80s, which is already been ported to some systems (but it still lacks a NDS port)
We were wondering about how it works with copyright. Mainly we would like to know if
- is it legal for us to write a port of a game we didn't developed
- is it legal for us to call it with the same name
- is it still legal if we use sprites and/or background 'ripped' from the original (or a port)
- is it legal to use the same music (or if is legal to 'remix' it)

All that because we're just enthusiasts (and we're not even going to earn any money from that!) and we surely don't want to give somebody a chance to sue us...

Informations (and opinions) very welcome.

Thanks. Bye!

spacefractal · **Reply #1 on:** September 04, 2009, 02:32:27 pm

yep, if the company exists, all graphics, music, design etc is still copyrighted.

That is why I didn't call my game H.E.R.O. but Cave Heroes, because I guess title was still copyrighted.

Music used in Miner was based on classics which was going public domain and hence it should not have problems remixing that here.

Also company doesn't event like their games to been ported, example like FirstStar (BoulderDash).

I think game like Warhawk was easy, because Flash was one of the original programmer and still have documents for it. We did got permission to use the music as well.

its also nicely at they also trying to find and contact programmer behind "The Detective Game".

So Best is actually contact the programmer if possible. For most parts there should not been problems, but contacting authors is allways a good idea.

I also did not grant permission for H.E.R.O as well, but I did contacted the original programmer of Space Taxi which was all Okay.

So it depend of game and if there is money or not.

headkaze · **Reply #2 on:** September 04, 2009, 05:11:25 pm

Check out the intro on our sister site Retro Remakes. There are also some great forums and helpful advice there so I recommend you join the community and say hello. It basically states that we do this for non profit and that it's recommended to try and get in contact with the original authors of your remakes first.

I am trying to contact the author of TDG (Sam Manthorpe) but the only e-mail address I've found does not work and I don't even know if it's the same guy yet. I'd like to get his blessing for one but also he may actually be able to give some insight into how the game's event system works as well.

The company that published TDG (A.P.S Software) doesn't seem to have a precense on the web so I assume they are no longer in business.

With Warhawk we were lucky as Flash has the legal rights to the name.

Sokurah · **Reply #3 on:** September 04, 2009, 05:30:27 pm

I think that in most cases the original developers are okay with remakes. Most seem to actually like the fact that people still love their games but sometimes it's more complicated than that - like when the programmers themselves thinks it's fine, but the company which holds the legal rights to the IP don't like it.

There are companies it's better to avoid when you're doing remakes: Codemasters, Edge, Odin/Thor and to a certain degree Nintendo. Funnily enough, Ultimate/Rare isn't one of them.

Generally speaking though, it's best to at least try to contact the original authors first, but as long as it's freeware and no ones earning any money from the games they usually don't protest.

Like Headkaze says - sign up at Retro Remakes. People around there have been remaking for a long time and have a deep interrest in the matter, so even if you're unable to coax a reply from a company, there might be someone there with some experience to draw on. PLUS, if you're not just remaking "Pong 843" we might also give you some good feedback instead of just calling you names.

flash · **Reply #4 on:** September 04, 2009, 08:26:53 pm

you mean "as well as calling you names" surely

Lobo · **Reply #5 on:** September 04, 2009, 08:43:03 pm

Which game is it? In case, as you said, that it has been ported already to various other systems (and I assume not by the original team. © holders) than it should be safe to say 'Yes..Martha, with sugar please'.
Usually, porting old stuff, except oddly for Sanxion as it seems Thalamus is holding tight onto it, is Ok and noone really cares or (exists anymore) plus you can always file it under 'parody'

.

flash · **Reply #6 on:** September 04, 2009, 08:48:36 pm

Bloody Sanxion...

It was never that good the first time round?

We had Armalyte round the corner and Katakis... Hmmm

Mind you Stavros did write an exceptional game called Quedex.. What a great game that would be on the iPhone...

Lobo · **Reply #7 on:** September 04, 2009, 08:54:44 pm

Sanxion had the greatest and shittiest concept at the same time which is a feat. Technically speaking, probably greatest but gameplay wise-shittiest. I think that was the only game you couldn't finish even with trainer!
On the other hand, have to try that Quedex, doesn't look familiar darn.

Oh, for a game that would kick ass on iPhone check this one out . BABY!

flash · **Reply #8 on:** September 04, 2009, 09:06:25 pm

Never seen it before, but the graphics look brilliant

Lobo · **Reply #9 on:** September 04, 2009, 09:14:44 pm

You should play it, seeing is not enough!

While you're there, download all that he did, his games are always rock solid fun.

flash · **Reply #10 on:** September 04, 2009, 09:20:45 pm

I will sir!

Sokurah · **Reply #11 on:** September 06, 2009, 01:46:18 am

Quote from: Flash on September 04, 2009, 08:26:53 pm

you mean "as well as calling you names" surely

Of course...you know me too well.

Quote from: Lobo on September 04, 2009, 08:54:44 pm

Oh, for a game that would kick ass on iPhone check this one out . BABY!

That looks great...you've been busy Lobs.
I think need to get the rom and try it out.

Lobo · **Reply #12 on:** September 06, 2009, 01:58:30 am

That one came out more than a year ago, I think that we made 5 or 6 games alone in a few months of 2008. They're all there, including this one which would reeeeeeeeeeeeeeeeeeeeeeeally kick ass on iphone.

Sokurah · **Reply #13 on:** September 06, 2009, 11:00:53 am

I remember that one. Not from the DS but I downloaded the game at some point, for another platform, thinking it would be a good idea for a remake...and yeah - it would be a great iPhone remake. However (and what a good thing), I've officially stopped thinking about iPhone development for now. I bitch and moan all the time (perhaps not openly, but definitely to myself) about all my ongoing projects and how I'm not getting anywhere, so the iPhone will have to wait - I really should concentrate on my current wips or nothing will happen. *sigh*

Lobo · **Reply #14 on:** September 06, 2009, 09:21:50 pm

Ya, might concentrate on one (to five) things at the time and let the rest brew in the meantime. Once it's ready for harvesting then fire up the tractor, Bubba.
For Virus, I'm not so sure where they got the original idea from, could be a flash game maybe but then they modified it for the first release and then we did that Xmass version, which btw, scored 11th place in drunken coders 2007xmass compo. Ta hell, that's a travesty and I'm reminded of it right now and the only way to cure the pain is to check the fridge.

sverx · **Reply #15 on:** September 07, 2009, 09:08:23 am

Wow, so many replies!!!

Well, let's tell you all the long story. We started developing an homebrew videogame based on a original idea some time ago, but we had no luck finding an artist that could help us with the game. So we thought that maybe releasing a nice port of an existing game would be a good idea to gain some interest and eventually this would make easier to find skilled artist(s) interested in joining our efforts (you know... the web is full of "I'm seeking help for that great idea I've had. You do all the work while I learn how to program in C"... stuff,

)

So, back to the topic, we are in the process of choosing a suitable game for a DS port, and we have some candidates... but then the copyright issues came to our minds and, and that's the focal point, if we need an artist to paint the graphics for the port we're back to the place where we started

(I hope you understand, my English isn't very good...)

Oh, btw, the link to the Remakes site doesn't work... is it experiencing temporary problems? I'll check later...

Bye!

spacefractal · **Reply #16 on:** September 07, 2009, 11:42:00 am

http://retroremakes.com/forum/ <- it works here.

I was also a bit scared to found out Space Taxi 2 released few month before my own remake (which is not direct a remake, due all levels was originals as well graphics). Howover it was not a problem this time and the original author liked the game (I did also have spacetaxi.net domain, only other single game I have is a 12 dice danish yatzee online game). All I should is just a link to the officiel site.....

Sokurah · **Reply #17 on:** September 07, 2009, 12:03:14 pm

Quote from: sverx on September 07, 2009, 09:08:23 am

Oh, btw, the link to the Remakes site doesn't work... is it experiencing temporary problems? I'll check later...

There were some problems with the host so the site was down from sunday 15:35 to sometime this morning.

sverx · **Reply #18 on:** October 08, 2009, 01:10:04 pm

Ok, we've finally set up our minds... the game we will (try to) remake is Pengo. We've already seen many ports to other systems but it seems like it's still missing on the DS.

Does anybody knows/sees any possible copyright problems? Does anybody want to join us in that project?

flash · **Reply #19 on:** October 08, 2009, 01:18:57 pm

I cannot see any really issues with Pengo used non-commercially.. You certainly would not be the first..

I would help out on the game mate (it is one that i love) - but.. my C skills are WAY too poor to be any use to you..

sverx · **Reply #20 on:** October 08, 2009, 01:47:26 pm

Quote from: Flash on October 08, 2009, 01:18:57 pm

I would help out on the game mate (it is one that i love) - but.. my C skills are WAY too poor to be any use to you.

I've seen you've got your good bag of tricks so I'm sure you'll be really helpful

Thanks

Lobo · **Reply #21 on:** October 11, 2009, 08:33:50 pm

That's Ok, Flash - do it via ASM!

Why Pengo, though? Why not remake a game with a gorilla in it?

is there such a game, with gorilla in it?

flash · **Reply #22 on:** October 11, 2009, 08:56:53 pm

Or one with Onions and Witches heads on spikes..

Not sure there is one of them either?

Lobo · **Reply #23 on:** October 11, 2009, 09:14:48 pm

Please, no onions, crucifix, mirrors or holy water! Professional deformation, you'll understand.

Sokurah · **Reply #24 on:** October 11, 2009, 11:30:45 pm

Quote from: Lobo on October 11, 2009, 09:14:48 pm

Please, no onions, crucifix, mirrors or holy water! Professional deformation, you'll understand.

Of course. It has nothing to do with timezones...I knew there was a reason I always get mails from you after midnight. :p

Lobo · **Reply #25 on:** October 11, 2009, 11:33:56 pm

Well, I can send them during the day as well..just hard to type when you're cramped in the coffin. :/

Sokurah · **Reply #26 on:** October 11, 2009, 11:40:33 pm

That's what netbooks are for, count.

flash · **Reply #27 on:** October 11, 2009, 11:42:10 pm

Fuck me, Im getting SCARED!!!

I always suspected.....

The Chicago Count...

Lobo · **Reply #28 on:** October 12, 2009, 12:13:49 am

Quote from: Flash on October 11, 2009, 11:42:10 pm

The Chicago Count...

Quote from: Flash on October 11, 2009, 11:42:10 pm

The Chicago Count...

Quote from: Flash on October 11, 2009, 11:42:10 pm

The Chicago Count...

<horse tired but neighs anyway>

I do have that fang on the right side, guess I'm lucky compared to my brother who have fangs on both sides of his maxilla. When he laughs - you check your pulse, just in case.

sverx · **Reply #29 on:** October 12, 2009, 07:44:28 am

Quote from: Lobo on October 11, 2009, 08:33:50 pm

Why Pengo, though? Why not remake a game with a gorilla in it?

Gorilla?

Why gorilla?