Video game rights

[GSquadron]

I was thinking of making a new game, but was interested to know what are the limits of a developer.
For example, can i make a game like super mario, but with some little changes and complete different levels?
What are my rights?

 

[Dankk]

Depends entirely on what country you're from.

 

[DaveSimmons]

Disclaimer: Me not lawyer! This not legal advice!!

The characters like Mario are trademarked, using them is not legal.

Making your own platformer with Super Bob, who is NOT an Italian plumber and doesn't look like one is generally legal. Game mechanics are usually not copyrightable or trademarkable, unless your name is Tetris.

 

[GSquadron]

Where I live there are no game companies at all, just laws which have to do with cracking banks and stuff like that.
I have never heard anyone making any game at all, so I guess i could be the first
I wanted to sell the game on Apple market, where I would have to do with legal stuff.
The game mechanics is what is going to be nearly the same, meanwhile characters and stuff like that will not be the same at all.

 

[Fenixgoon]

Disclaimer: Me not lawyer! This not legal advice!!

The characters like Mario are trademarked, using them is not legal.

Making your own platformer with Super Bob, who is NOT an Italian plumber and doesn't look like one is generally legal. Game mechanics are usually not copyrightable or trademarkable, unless your name is Tetris.

dr. mario

 

[JoetheLion]

I was thinking of making a new game, but was interested to know what are the limits of a developer.
For example, can i make a game like super mario, but with some little changes and complete different levels?
What are my rights?

Read your country's authorship act and you'll have your answers.

 

[Barfo]

You're from Albania right? I guess you could get away with making a Mario rip-off game. Just don't expect it to be approved for the Apple Store.

 

[Fallen Kell]

[/B]

dr. mario

Except Dr. Mario didn't use the same game mechanics. Instead of creating complete lines across the screen, you had to complete a group of at least 4 matching colors.

 

[darkswordsman17]

I'm not sure about the legality but there's a ton of Mario "mods". There's got to be like a billion videos of people playing some of them, they're usually insanely difficult and trial and error type of games where you make a little progress finding out what next little thing they did to screw you over and how to get around it.

A big issue is if you try to sell it, that's what usually gets you in trouble. Although there's plenty of other non-commercial mods that have gotten shut down (Goldeneye Source).

 

[Craig234]

I think in general gameplay can largely be copied, characters (look and name) and music and other copyrightable parts can't.

 

[maniacalpha1-1]

Disclaimer: Me not lawyer! This not legal advice!!

The characters like Mario are trademarked, using them is not legal.

Making your own platformer with Super Bob, who is NOT an Italian plumber and doesn't look like one is generally legal. Game mechanics are usually not copyrightable or trademarkable, unless your name is Tetris.

Just out of curiosity, ok so in your example the characters themselves aren't the same, but the level design is essentially the same (even if cosmetically different, functionally similar), does that matter?

Or is it really just the story and characters that are trademarked, and not the background?

 

[colonelciller]

just ccreate your own characters and don't copy the levels so much that they're recognizably identical.

1) you won't have to worry about trademark violations
2) mario bros are both trademarks AND copyrighted (and ripping off copyrighted works is more serious than trademarks... assuming your country recognizes such things... and if you are part of the EU then the answer is yes)
3) we've all played mario bros to death... give us something new

 

[lamedude]

That game was already made.

 

[Wyndru]

That game was already made.

Haha, that's awesome! I never knew about this game. Must be worth some serious $$ if you own an original copy.