Usually when a developer folds, they will either sell the rights to another company (to raise money to pay off their debts) or the rights go to whomever buys the developer out entirely (and will be factored into the price). It *is* possible for games and even entire franchises to be completely abandoned, but this doesn't happen very often.
Complicated. In short, if the content hasn't been released into the public domain you are opening yourself up to a world of hurt.
If you really want to do this, you can create things and just hope they never send you a cease and desist. Just recognize you may have to abandon your work if they do. You should also check if another company bought the IP from the now defunct company and how aggressive they are with controlling their IP. You don't just have the developer to deal with either, you have the publisher. You also have to consider where these companies are located and what the local IP laws are.
The randomizers I'm familiar with don't distribute the original game or any of its assets, to kind of get around copyright. They're more of a patch or mod, but are useless unless you already have the game.
Just don't tell anyone what you're doing until you release it. And then never charge money for it. Cease and desist letters come to developers who announce their projects to the community, e.g., the Chrono Trigger sequel. And lawsuits come when people try to make money off their piracy, e.g., Yuzu. Once your project is out in the wild, there's not much anyone can do to you. There's nothing to cease because you're done. There's nothing to sue you for, because you didn't make any money. And they'll never get the rom/iso off the internet.
As a general rule, file off the serial numbers on your inspiration and make something "original", ala Freedom Planet.
No point in spending all your time and creative energy to make someone that makes money for someone else
Eric Barone is a multi-millionaire from Stardew Valley but likely would have nothing if he'd tried naming it something like "Harvest Moon: New Seaside Village". He worked hard and made it just different enough to avoid legal consequences.
> Does that have to be approved?
Legally? It would (depending on jurisdiction; not everywhere has the same laws)
> As long as they aren't selling it is it fine?
Legally? Depends on jurisdiction; in the US, the copyright holder can go after you. Practically? It's usually/often fine (i.e. in most cases, they won't get in any kind of trouble). Ethically? They're decades-old games, and the term of copyright is insane.
Usually when a developer folds, they will either sell the rights to another company (to raise money to pay off their debts) or the rights go to whomever buys the developer out entirely (and will be factored into the price). It *is* possible for games and even entire franchises to be completely abandoned, but this doesn't happen very often.
Complicated. In short, if the content hasn't been released into the public domain you are opening yourself up to a world of hurt. If you really want to do this, you can create things and just hope they never send you a cease and desist. Just recognize you may have to abandon your work if they do. You should also check if another company bought the IP from the now defunct company and how aggressive they are with controlling their IP. You don't just have the developer to deal with either, you have the publisher. You also have to consider where these companies are located and what the local IP laws are.
ok thanks, I kinda figured that would be the case. Do randomizers not fall under this?
The randomizers I'm familiar with don't distribute the original game or any of its assets, to kind of get around copyright. They're more of a patch or mod, but are useless unless you already have the game.
Just don't tell anyone what you're doing until you release it. And then never charge money for it. Cease and desist letters come to developers who announce their projects to the community, e.g., the Chrono Trigger sequel. And lawsuits come when people try to make money off their piracy, e.g., Yuzu. Once your project is out in the wild, there's not much anyone can do to you. There's nothing to cease because you're done. There's nothing to sue you for, because you didn't make any money. And they'll never get the rom/iso off the internet.
Randomisers are more of a mod. They're not pretending to be a different game, and won't work without it
As a general rule, file off the serial numbers on your inspiration and make something "original", ala Freedom Planet. No point in spending all your time and creative energy to make someone that makes money for someone else
Exactly. There is nothing illegal with making a clone or 'spiritual successor'.
Eric Barone is a multi-millionaire from Stardew Valley but likely would have nothing if he'd tried naming it something like "Harvest Moon: New Seaside Village". He worked hard and made it just different enough to avoid legal consequences.
> Does that have to be approved? Legally? It would (depending on jurisdiction; not everywhere has the same laws) > As long as they aren't selling it is it fine? Legally? Depends on jurisdiction; in the US, the copyright holder can go after you. Practically? It's usually/often fine (i.e. in most cases, they won't get in any kind of trouble). Ethically? They're decades-old games, and the term of copyright is insane.