It's been a lone time, anime not cool anymore or something?
Can we make anime worlds or no.
ID:2307009
 Oct 20 2017, 10:00 am
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Oct 20 2017, 11:14 am
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Unwanted4Murder
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Making fangames has always been illegal without consent from the copyright holders. That said, as with any other engine there is absolutely nothing stopping you from making these games -- you are just at the mercy of the copyright holders and any legal action they'd like to take as well as not being featured prominently on the BYOND website for legal reasons.
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People on this site really need to understand their legal ins and outs.
Making a fan game, then using that to make money is what is illegal. The simple act of making a fan game is not. Very important distinction. I know this because 1) I have a cousin who is a lawyer. I've consulted her on this many times due to conversations I've had here with obstinate people who seem to think they know everything. 2) I've also looked into it myself with people who work for AAA companies and many other indie developers. It's perfectly legal to make an exact copy of DBZ, change all the art, names and anything that conflicts with IP issues and sell that. 100% legal. See : Info | |
lol. I guess technically it's legal until the IP holder tells you to stop, at which point your choices are to abandon the project or get sued for more money than you'll ever make in your life.
See: Pokemon Uranium, Streets of Rage Remake. | |
I pretty much agree with point two, but the info link you posted directly contradicts your point one. Regardless of whether or not you are making money off of a direct fan game, you are potentially costing the rights holder money, and they can choose to stop that. They may not, in which case, good for you. But they can.
I guess, technically, making a fan game wouldn't be illegal, as long as you never released it... | |
Rights holders are compelled to defend their trademarks.
Making a fangame compels a rights holder to shut you down. If they don't, they have the potential to have the validity of their trademark (exclusive use) called into question. This happened with Kleenex. They lost their exclusive trademark over the word because culturally we watered down the term until it was synonymous with tissue. They still control the branding itself, but they can't challenge people on their use of the name of the brand anymore. Only their specific distinctive logos. There's also the case of creating a total clone not being entirely... Well, justifiable. There's a phrase called "A moron in a hurry". It's a legal test for trademark infringement or passing off, in which a hypothetical person against whom a claimant's concern might be judged in a civil law action. The expression is used to reject a claim that two items could reasonably be confused by a passer-by: that "only a moron in a hurry" would be confused. If the items offered for sale are distinct, the goodwill and brand of one trader cannot be affected by another's. The other issue is that using another person's trademark to explicitly advertise your game is a big issue. Even going as far to state that your game is based on another IP is enough to land you in legal hot water. The language you explicitly use is very important here. You can't say "based on" you have to say "inspired by". Shit's really tricky. The unfortunate issue about your trying to cite confusion by people around here about what constitutes copyright infringement is that you yourself have muddied the waters by not acknowledging exactly why you got a Cease and Desist, and what grounds were used against you to have legal action taken against you. You aren't addressing WHY you got taken down, and it's because you explicitly violated someone's trademark by using their branding to justify your own's existence (Not to mention straight ripping the distinctive likenesses of multiple characters). But you go continuing to know about copyright and trademark law while being one of a dozen people around here that a company's actually taken legal actions against. Makes you really look like you know what you are talking about. | |
Turner Broadcasting doesn't seem very fond of DMCA'ing people. It's time to move on to powerpuff rp com on people.
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Sorry it took me so long to reply.
We decided to make the game on android. I gonna make a turn base dbz rpg if I can in 3d. As for the copyright. To help you out on understanding. Dragon ball Z Owner is Akira Toriyama. He is the sole Copyright holder if Dragon Ball Z. He more then likely will Never force you to remove your game. The copyrights that most Byond(ers) have a problem with is. Bandai, (They steal game sprites, and game music) and Toei animation (They steal sounds like Goku saying Kamahameha) You can legally make a game in the U.S.A. called Dragonball Z. Sell it and everything. Yes Akira Toriyama can get his cut but, chances are he wont. He will see a game in the name of Dragonball Z as free ads. The problem is Byond anime creators don't do everything from scratch. The logo on the manga is Akira Toriyama's The logo on the anime belongs to Toei Studio's. Kamehamaha? Go find a friend who sounds like Goku To say Kamehameha. Make sure EVERYTHING is from scratch and there is nothing they can do. Toei flags you fight it. You have nothing that came from there studios. You need to make the game from nothing but the name and the story. | |
Unwanted4Murder wrote:
lol. I guess technically it's legal until the IP holder tells you to stop, at which point your choices are to abandon the project or get sued for more money than you'll ever make in your life. These games stole sprites from the original. Maps, Pokemon. ect. Its hard to remake a game into a new game without stealing from the original. But a manga to a game is different. Also you can't copyright names. | |
Go-jin769 wrote:
Sorry it took me so long to reply. Everything about this is wrong. He is the sole Copyright holder if Dragon Ball Z. Akira doesn't own the trademark or the copyrights. He owns the copyright to the specific works he created, that's all, but he has licensed and/or sold them to other venues. Akira is the artist. He's not the producer or even owner of the franchise. The copyrights that most Byond(ers) have a problem with is. Bandai, (They steal game sprites, and game music) andToei animation (They steal sounds like Goku saying Kamahameha) Namco Bandai licensed the trademark to make a few games and toys. We've never gotten a C&D from Namco Bandai. You can legally make a game in the U.S.A. called Dragonball Z. Sell it and everything. Yes Akira Toriyama can get his cut but, chances are he wont. He will see a game in the name of Dragonball Z as free ads. Wildly, WILDLY inaccurate. The trademark holder is compelled to protect their trademark, and comanies generally license their properties with sole right clauses in the contract. Meaning a specific company has the sole right to grant the license to produce a game to another production company. You aren't one of those people. They can sue you. This isn't at all about legality, it's about tort. Make sure EVERYTHING is from scratch and there is nothing they can do. Toei flags you fight it. You have nothing that came from there studios. You need to make the game from nothing but the name and the story. This is also not accurate. Trademark infringement can't be gotten around simply by using your own assets. That will get you around the copyright issue, but not about the trademark or licensing rights. | |
"Akira doesn't own the trademark or the copyrights. He owns the copyright to the specific works he created, that's all."
Exactly which is the only art you can use this means no broily. The logo is a trademark. Toei cant sue you for using Goku. They can sue you for using anything that some from there studios artiest. They flag team four star Every year ain't won yet. and they actually stealing they studios animation. "Namco Bandai licensed the trademark to make a few games and toys. We've never gotten a C&D from Namco Bandai." Lies go look at their disclaimer. That the first thing on the list. WE DO NOT Lisences ect ect. These, PICTURES, TOY, CHARCTERS, MUCIS, are trademarks of bla bla bla. NO Dragon ball Z in the contract. "That" picture of Goku, They own that. A Picture of a martial artist name Goku in a orange gi, they do not. That Dragonball Z logo(picture) is a Trademark of Toei. That Dragonball Z logo in the manga belongs to Akira Toriyama. | |
"Namco Bandai licensed the trademark to make a few games and toys. We've never gotten a C&D from Namco Bandai." Lies go look at their disclaimer. That the first thing on the list. WE DO NOT Lisences ect ect. These, PICTURES, TOY, CHARCTERS, MUCIS, are trademarks of bla bla bla. NO Dragon ball Z in the contract. ©BIRD STUDIO / SHUEISHA, TOEI ANIMATION License coordinated by Funimation® Productions, Ltd. All Rights Reserved. Dragon Ball Super and all logos, character names and distinctive likenesses thereof are trademarks of SHUEISHA, INC. ©BANDAI NAMCO Entertainment Inc. I'm not sure if you are just not able to grasp what I'm saying, or not able to articulate what you are trying to say. Either way, my understanding of what you are writing is that you don't know what you are talking about. Some things you are saying are accurate, but your overall point is dead wrong. | |
Make the entire game like you never seen a cartoon in your life. Make sure no one can sue you but Akira Toriyama who will probably be playing your game looking at his old art.
Bet you they don't sue me. Watch, they gonna want to buy it off me and licences it. If team four star can steal a whole show. cut it up so less then 5 -8 secs a seen redo all the sound and still side. just cause names and looks can't me copyrighted so its not really Goku is a new Goku in a new story. And I can"t slide using non if it?? Watch me! | |
Ter13 wrote:
"Namco Bandai licensed the trademark to make a few games and toys. We've never gotten a C&D from Namco Bandai." where you get that from what site. thats copyright infringement if you don't put the site. | |
"I'm not sure if you are just not able to grasp what I'm saying"
OR maybe you starting to realize What im saying. NO DRAGONBALL Z on the contract. Super And duh! | |
Go-jin769 wrote:
"I'm not sure if you are just not able to grasp what I'm saying" Wew | |
AspireHer0 wrote:
Go-jin769 wrote: There's a difference between a trademark and a copyright friend | |
Omg whos gonna sue me? Who? Bird studio is Akira Toriyama.
So Shueisha? Its gonna be one of these two. not toei and bandai who have a history and if they do i will win. The have license from Bird Studios/Shueisha. Shueisha owns dragonball z and when the last time shueisha sued anyone? | |
Have you ever heard of the phrase "settled out of court" ?
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