is it a legal?

Discussion and feedback on Construct 2

Post » Fri Apr 21, 2017 9:54 am

I've a game similar to darksouIs & Zelda, it uses Zelda sprites. I want to upload the game on to facebook, for people to play(for free), however is thins allowed. I'm not sure as its free to play but uses Nintendo's sprites?
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Post » Fri Apr 21, 2017 10:18 am

From my experiences, it is considered fan art if no monetary value is earned in any way.
You have to acknowlege that it isn't associated with Nintendo and the Developer of Zelda.

You can not benefit monetarily from it in any way, directly or indirectly.
Money is considered a Contract.
It is illegal if you get any money from it in any way.
If a penny is earned it looses fan art status.

If Nintendo, or the developer of Zelda asks you to remove it, you should then remove it.
If you refuse to, then they will try to find a way to make it an issue.
You should also make sure it isn't against Facebook Policy and Terms of Use.

Facebook may remove it if Nintendo or the developer of Zelda submits a request for removal to them.
If it gets removed, you can make it a different game by changing the art and text.
Just be sure to remove anything related to the issue it was removed for.

I don't want any liability from this reply, so I have to say to recheck with others and/or other websites.
Asking this to somebody more knowledgeable should be done as well.
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Post » Fri Apr 21, 2017 2:14 pm

The short answer is no, it's most likely not legal, but the worst that will come of it is that you get a cease and desist letter and have to remove it.

The longer answer involves the Fair Use Doctrine, a four factor balancing test, and so much grey area that lawyers can't even agree on what's legal and not (which is why the courts end up solving these things after lengthy legal battles).

If it was me, I'd probably just go ahead and upload it for my friends to play with. If I got a cease and desist I would take it down. There's an argument to be made for fair use in a situation like this, but obviously you're not going to get a lawyer and fight Nintendo in court over it.
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Post » Fri Apr 21, 2017 3:26 pm

LI0NHART wrote:I've a game similar to darksouIs & Zelda, it uses Zelda sprites. I want to upload the game on to facebook, for people to play(for free), however is thins allowed. I'm not sure as its free to play but uses Nintendo's sprites?

Yep. Long as you don't make money off of it. I still recommend you go for it even with same sprites even just as a trial run.
If it turns out to be good, you can just modify the sprites later and turn it into a completely different game.
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Post » Fri Apr 21, 2017 3:53 pm

If Nintendo sees it, they'll send you a Cease & Desist. They don't allow people to use their assets, or use their IPs in non-sanctioned projects, whether or not they're free.
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Post » Sat Apr 22, 2017 1:30 am

I agree with MPPlantOfficial, It is what I would do.
They can send a Cease & Desist, if they do you must stop the game or change it up to remove resemblance to any Zelda games.

If no money is made it isn't an issue.
If the game becomes very large and popular Nintendo/Zelda developer can then step in and make you stop because it is reducing their sales.
If this happens the game will get more attention from the public.
At this point you can change the Sprites/Text to make it a new game and then you can start making money off of it.
Or you can just do that at a later time anyway.

Digital Millennium Copyright Act (DMCA) allows you to change the sprites and story to keep it up.
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Post » Sun Apr 23, 2017 3:07 pm

Ok cool, thanks all i'll go ahead and upload it when its done, I do plan on (re-skinning it) with my own art, music etc so that I can try make same cash. I'll post a few screen shots and maybe a video of it so far :).

Thank again all :)
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