Names / characters: Are they (still) forbidden for a fangame?
 

Before getting on topic; I wanted to say hello again to everyone, as it's been a very long time since my last post here (about 5 years). I'm not sure why I stopped talking... probably felt there wasn't much going on at the time. Perhaps I'll be more active again in the future. Also wanted to thank the admins for not deleting this account given how long it's been inactive for.

Anyway, onto what I wanted to ask. I've been involved with open source games over the last years, some being fan games or projects inspired from popular titles. After playing JJ2 again, I looked for another remake, but all projects I remember since 2005 seem to be dead.

Since I have a basic experience with simple game codes, I was thinking I could try starting (or modding) an own game if I could find some free sprites and a good side-scroller making kit. I'm still not sure about one detail however, especially after I seen another fangame taken down for this reason:

If someone would code a new engine from a scratch, and make completely new sprites and media, would they still be at legal risk for using the game name and character names after such a long time? Or is only the media and code forbidden to use as long as you don't sell it, not the characters and names as well? Also, can you use a character as long as you change its name and other details even if it looks the same (or very similar to the original)?

I seen some topics about this, but wanted to be sure before trying to make anything. If there is a way that's 100% legal from this point of view, I could perhaps give a shot at doing a remake of my own :)

Actually I have a similar question. I want to continue development on Jazz Jackrabbit 3 as is, with the same story, assets and stuff.
Of course it's going to be for free, but I don't want to receive a cease & desist after working hard on it!

Sadly, I remember clearly that jj3 is still not free to distribute (you're normally not allowed to even have it, though what one has on their computer should normally be their business). Any component from it is likely not free either, so that surely wouldn't work.

However, if the name / character problem can be worked around, it would be safe to make a jj3 with a new engine and free to use content. Given what exists today, I wouldn't even use the old Unreal engine for a 3D version (I know a great engine developed from Quake 1 engine, which can do what the Doom 3 engine does and more, if that would be of any help).

Which? DarkPlaces or Tenebrae?

Or maybe the Source engine!

Or Unreal Development Kit!

DarkPlaces is the one I'm familiar with. It's used by a freeware shooter I spent a lot of time on and coded for (called Nexuiz, now renaming to Xonotic). Was thinking of trying to fork a new project off the Quake 1 code and use the DP engine (for modern rendering and other improvements). I can map and QuakeC is a code I can work with to some level, but I can't model or texture much. I should probably post these ideas in another topic.

I've played Quake I, Quake II, and Quake III (just a minute or two and Quake IV), and Quake III is the best. Maybe is engine for it different or the same as it is on Quake I, but I like Quake III more, so maybe it is better to use Quake III engine (if it exist :P)? Can someone tell me where to download Quake III? I wanna play it online again :D...

DarkPlaces works better with Q3 material (q3bsp, md3) than Q3's engine :)

Well, I've actually always wanted an "updated" version of jj2 with extra features, characters and stuff. I even kind of thought of a storyline to go with it, although I don't know much about all this copyright stuff though. I wouldn't really mind all that much if it didn't run exactly like jj2, because I think the engine needs some changes anyway.

thank you sacrush :)

Fair Use Of Copyrighted Material
 

Well, if your use of the characters qualifies as Fair Use, it should be fine. As far as I remember, if copyrighted material is used in News(Like a BBC News Article), or Parody(Like Yu-Gi-Oh! The Abridged Series), Copyright doesn't apply. If your Fangame isn't one of those, try checking the Wikipedia Article. I would post a link, but this is my first post, so I can't.

EDIT: http://en.wikipedia.org/wiki/Fair_use

You do realize this thread is over a year old?

Ah. No, I didn't. Oh well. XD

The question didn't lose its relevance though.

That was a question I've asked Cliff Bleszinski on Twitter. I know I am necroposter by reviving this thread, but I still am unsure of the answer and wouldn't want to get C&D letter (though in Poland they don't exactly work unless you making money on someone's else work, which I don't intend to). I've asked this question (@qvear) several days ago, but because Twitter is fast medium, I don't expect reply anymore. So maybe someone of you know?

Game will be in 3D, but it won't be based on so-called Jazz Jackrabbit 3 story or artwork (still will be freeroaming game though). So you see, I have pretty big plans for it, so would need a clear answer that there won't be any legal actions, provided I won't sell this game, preferably from Cliff or any other Epic executives (as they holds rights to "Double J").

Of course this won't be solo project - I'll do all hard work (i.e. coding), but still will need modeler and animator (I can take care of textures though). Though now I'll have to finish my current game project before I start working on it.

They've not said anything against the Windows Phone app, anyway.

Well, it may be because almost no sane person uses C®a$hdows Phone anyway. But if anyone is in touch with Cliff or other people from Epic, it'd be nice to have some sort of official or at least semi-official statement on the matter.

We'll start collecting money for bail once you need it.

Epic has a page about this on their website, you know.

I read that page many times in the past, it doesn't say a single word about fan games and you can see that their policies on different types of fan art are different. Other than that you can't be so naive not to know that what Epic has on their site and what they are allowed to do according to the law are two different things, especially since that page, as you should be able to notice, doesn't have a form of a serious legal document.

Just because they make some lawyer jokes in-between doesn't mean the actual legal parts are somehow void.

Also:
Fan games would fall under the "Fan Art" definition which is used throughout the page.

Yes, that's what it says but intuition points that they didn't really have to mean fan games seeing as everything else they mentioned there is related to graphics only. And on the bottom of a different page there it says you have to contact Ian White if you want to create a "movie/­book/­song/­soundtrack/­merchandise/­TV show/­comic" based on one of Epic games even though those would fall under that definition as well, which is slight discrepancy you have to admit. And then, mobile apps are put in the second category for some reason. And mods are somewhere below in a distinct section. The only kind of IP I can imagine that is not really called by name anywhere on the site is fan games. I think I could have some trouble with interpretation on how exactly one should display the disclaimer (2.1) on a fan game too although you can probably think of some ways to. So I admit, perhaps I didn't express my thoughts in the right words in that post above but I still believe that with their site as the only source, Epic's policy on fan games is a bit foggy.

Fan Art Sold legally gets burned. Stores suggest Licensing requirements; Free Download links stay beside piratical lag. Free Fan Art is kk.

I'm Trying to make a fangame called:
Jazz Jackrabbit 2: The Second Season

Well, good luck! What sort of genre, gameplay, graphics, etc. are you shooting for?