You see THIS bad boy is the Ultimate Sonic 1 Sheet. It's super cool, and crazy useful, like pre-ordering the SNES Classic to get it before it goes sold out useful! CHECK THIS OUT. Do you like AWESOME SPRITES THAT ARE AWESOME? Then you gotta check out this sheet dude. But not every company likes to play by the same rules… And most companies are bullies when it comes to IP stuff.įor some reference i had a lengthy tall with a layer friend about all this a while back, and he essentailly said theres so much grey area and layer bullying that its really a crap shoot.HEY YOU, LOOKING AT THE SCREEN. I absolutely agree with you, but i wanted to point out that TECHNICALLY what OP is doing is fine. Realistically, they dont actually have a case that would stand if fought against, but its so unlikely any small fan group would be able to afford the trial that its pretty much never worth it. But if SEGA was going to release a similar game or maybe that fan game reached several hundred thousand people, then they would care.Ĭompanies will only use legal threats 99% of the time. If OP was to make a fan sonic game and 30 people play it, SEGA wont care. I think the main take away here is in your first paragraph “in the same medium.” Any of those projects you listed would still be considered fine under fair use, but companies do hold the right to DMCA or C&D if they feel like they could potentially lose profit or face some sort of reputational harm. Even Sega’s permissive statements do not protect you long term. Super high level, unless you obtain a license (such as The Silver Lining did with Activision/Vivendi for King’s Quest), your fan game is breaching IP law/can be viewed as copyright infringement. Fair use as a concept in the US is vague, and protection under that clause is not guaranteed. Transformative works (commentary, investigative work, etc) can fall under fair use (but not always).
Parody can (but not always) fall under fair use. Using someone else’s IP in a public manner (releasing a game, in this game) would need to fall under “Fair Use” to be okay. What you may be thinking about is “Fair Use”. Completely free/not-for-profit projects, all shut down. Failure to comply can lead to being sued and actual penalties being applied.Īnother Metroid 2 Remake, Pokemon Uranium, Chrono Resurrection are all examples of this. In the US (as well as the UK and potentially elsewhere), and at least specifically in regards to video games: IP Rights holders can file both DMCA (to your webhosts or you) and cease and desist (C&D to you) to anything that is publicly using their IP in the same medium (video games).
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