This topic should help clarify all you new "Game Developers" who are thinking of making a new Zelda, Pokemon, Naruto fangame. I don't want people to stop making fangames, but these are just some things you have to accept and understand beforehand.
Firstly, your fangame is illegal. Whether you like it or not, the copyright holders of the original series/game has the right to shut you down anytime they like. If you recieve a cease to desist from them, you will have two choice, stop or face legal action. You probably won't recieve anything like this unless you're trying to earn money off your game, or the company which owns the right to the original series/game finds your game is stealing attention away from their original games, which is highly unlikely, since your game sucks.
If your game is lucky enough, it may never have to face these problems. At times, idiots will try to forge these letters through email, they may seem legit, but don't give in to this shit, their likely to be stupid kids using fake email senders to scare you into closing down your project. Remember, this will most likely not happen, and the only occasion I've heard of that a Fangame has been given a legit one, is Chrono Resurrection, a Chrono Trigger remake, which shows how serious Square enix is about enforcing its copyrights. So maybe this is a warning to steer clear of Final Fantasy, Kingdom Hearts, Chrono Trigger fangames.
Some common misconceptions about fangames,
1. I don't earn off my fangame so its legal. Wrong, any kind of fangame, is illegal, as long as you don't have permission to use the game's title, characters etc. it is copyright infringement.
2. If I state its a fangame, I can avoid a C & D Letter. Nope, its still illegal, it probably doesn't even help.
3. if I contact the copyright holders, they may give me an 'okay'. Highly unlikely, companies who own these copyrights, will hardly ever bother about your game project, let alone acknowledge it. Just give up this idea. Some games claim to have permission, which will probably get them into more trouble if they ever have to face legal action.
But if you ever face such a letter, and your game is well underway, my advice is not to completely give up your project, but scramble stuff up. Don't include any characters from the original series/game into your "New Game", if you have a title containing obvious reference to the original series, change it. eg. a naruto fangame called "Naruto Online" change the game name of Ninja Online! What you can keep is concepts, which the original game had, as long as you mess things around and make it not-obvious, your game is a copy as theirs, you can claim its a coincidence. Remember if you make a Ninja game, the Naruto Copyright holders cant claim you stole their concept of Ninjas. Nor can Pokemon claim you stole their concept of catching monsters, unless you have pokeballs, probably.
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