Hacking this thread to ask a questino about videogames/copyrights/trademarks.
I've been working on a videogame (one player, on the browser) based on a very popular IP (let's say Star Wars, but it is not Star Wars). I have very good relationship with the IP owners / lawyers, and I even asked them permission to create the videogame. This was their response:
> Whilst we value your support as a [REDACTED], your question touches on many complicated intellectual property issues and, as a result and as you probably aware, we typically don’t give advice or permission except to say that we object to any unauthorized use of our IP, as well as to any use that casts the works in a negative light, or that falsely implies an endorsement by or association with us. We therefore recommend that you do not proceed with your project.
However, months have passed since this response and I am still very interested in proceed with the game (developing the game is very fun, and I am sure fans would love it). But I don't want to spend months on it and having it down as soon as I release it (and break my relationship with them).
What would be a good movement at this point? Ask for the price for the rights? I guess it would be in hundred thousands of dollars?
Just to clarify, I am not expecting any profits from this game: I'd release it as a free-to-play, no ads, in browser game.
Can you change the game in a way that doesn't use the IP? There are many games that are clearly inspired by some IP (game, TV series, film) but doesn't actually use the IP (you need to do more than just change names of characters or whatnot).
Other than that, yes, you need to ask for a license deal. Depending on the license holder, this may be cheap or expensive, or you may be able to cut a more flexible deal rather than pay upfront (e.g. share of profit, but you're making a non-profit deal, so...). Or maybe you can make a deal to release it on their website.
It's obviously inspired from Star Trek TNG and they want you to know it, but it has different characters and details. It's not Star Trek, but it's also true to the original than any recent Star Trek TV shows or movies.
So yeah, I would say, just change character names and make changes to your designs. Make it be its own thing and have fun with it.
One of the things to note that it is possible that they've already sold their IP to another company (or in talks to do so). Some other company may then object to your use of the licensed material in violation of their exclusive license for the IP.
As noted with the Spiderman fun, IP may not be simple. Some other organization may already own part of the IP from another deal (e.g. Sony owning Spiderman and MCU as part of Marvel Studios / Disney not being able to use Spiderman as a character until a deal was reached).
I've been working on a videogame (one player, on the browser) based on a very popular IP (let's say Star Wars, but it is not Star Wars). I have very good relationship with the IP owners / lawyers, and I even asked them permission to create the videogame. This was their response:
> Whilst we value your support as a [REDACTED], your question touches on many complicated intellectual property issues and, as a result and as you probably aware, we typically don’t give advice or permission except to say that we object to any unauthorized use of our IP, as well as to any use that casts the works in a negative light, or that falsely implies an endorsement by or association with us. We therefore recommend that you do not proceed with your project.
However, months have passed since this response and I am still very interested in proceed with the game (developing the game is very fun, and I am sure fans would love it). But I don't want to spend months on it and having it down as soon as I release it (and break my relationship with them).
What would be a good movement at this point? Ask for the price for the rights? I guess it would be in hundred thousands of dollars?
Just to clarify, I am not expecting any profits from this game: I'd release it as a free-to-play, no ads, in browser game.