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Newcomers DBPro Corner / Some questions about Retro gaming and copyright!

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Code Machine
20
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Joined: 21st Jul 2004
Location: United Kingdom
Posted: 13th Aug 2004 22:56 Edited at: 13th Aug 2004 22:58
Hi all,
I am thinking about entering the Retro competition now I've had adequate practice in DBPro , but I have a few concerns and questions which I hope someone can help answer. I understand that unless you get permission off the author/software house that made the original, you cannot re-make a game without breaching copyright. So..

1. - What exactly is protected by copyright? Is it the title of the game, the characters, the concept or what? I've noticed many people having similar games with just slightly different titles, so is this the way to do things.

2. - I believe some authors/software houses have allowed their software to be re-done. If so, does anyone know of a site or something that lists anything which we are 'allowed' to re-make. Or am I taking rubbish here?

3. - Any suggestions for games? (I'm a ZX speccy person btw) I have some ideas, but nothing in concrete at the moment. I guess I should re-word this to : Are there any games out there YOU would like to see re-made but haven't got the time to do?

I guess these questions relate to the TGC compo also in some way, but I'm just interested in the Retro at the mom. Thanks

(p.s. not too sure of the best place to post this thread, but I'm still a newcomer to DB so ..... )
SandraD
20
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Joined: 30th May 2004
Location: Down on the corner, out in the street.
Posted: 13th Aug 2004 23:31 Edited at: 13th Aug 2004 23:32
Well, technically speaking, the Title of a game may not be copyrighted so much as it is defined as a trademark, such as Doom or Pac-man, and so on. Trademarks are also protected but under a different set of laws, in that they may fall into "common usage" such as Xerox did after several years.

However, copyright protects the images, code, sound and often the type of game itself, though this has been on a case by case decision by the courts. (You may or may not recall Atari attepting to sue others on the Pac-Man issue, effectively giving them the right to claim ownership of any game with dots and a maze. If memory serves, the court declined this claim.)

As for the release by some authors to the reproduction of their game in alternate formats, (for different machines, etc.,) I know of no list that contains this information. Since the original copyright is in effect for several years after an author's death, so chances are that someone owns the rights to these games.

When it comes to the competition however, since you are not translating the code by the original author(s) and it is a known re-creation, I suspect this is a gray area that would require legal counsel in any attempt to distribute your copy. TGC has probably thought of this already in their intended use of the game that results in the compo, so the best choice is step carefully and follow the rules.

Perhaps someone of the TGC folks can help us in this?
S.

Any truly great code should be indisguishable from magic.
Code Machine
20
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Joined: 21st Jul 2004
Location: United Kingdom
Posted: 15th Aug 2004 22:07
Anyone else have anything to say about this? I'd just like to be clear about how things are first. Probably just being paranoid or something, but that's how I am

What I meant is, are there any games that authors have released into the public domain? I guess probably none, so it's a case of making similar games or writing to the authors to get permission I assume, if you can find them after all these years .

Otherwise, it's onto some game-writing/re-writing!!!
Alere
20
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Joined: 18th Aug 2004
Location: I\'m lost
Posted: 19th Aug 2004 10:08
This is a hard area to give straight answers. It all depends on the company. Some will string you up for using something remotely similar to their games and such, and some could care less. This is my first venture into making games and I'm personally going on the side of caution and doing as much as I can to make sure EVERYTHING is royalty free or that I have paid any royalties that may exist. I know of quite a few projects in the past and present that were similar to a companies games and were told basically "Delete this file and the men in black suits will not come and get you." Err on the side of caution. Also make sure that you do not look at anything for as long as possible. If you copy something and don't know about it, you can usually get off by just changing it. If you know about it already, you had intent.

FYI: I am a VERY paranoid person. I am not one of those people who think people are out to get me, I know they are, and they are hiding behind that bush. ^_^

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