Copyright questions about creating a clone of a PHP game

Discussion in 'Legal Issues' started by Xexi, Nov 25, 2008.

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  1. #1
    I'm creating another clone of a clone of a clone, you get the idea.

    Its basically a text based php game where you fight others, gain stats, items, the player is in a gang, they can fight others etc etc etc.


    The questions are as follows:

    How much of the following am I able to copy from the game:
    1) layout
    2) in game items (not unique creative content)
    3) features

    Also, am I able to reference on my website that I am selling a clone of X game?

    Please note that absoloutly no images, trademarks, color schemes, theme or content will be used in the game.

    I hope I didnt leave any questions out, thanks for reading this :)
     
    Xexi, Nov 25, 2008 IP
  2. Xexi

    Xexi Well-Known Member

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    #2
    So nobody can help?
     
    Xexi, Nov 29, 2008 IP
  3. promoHunter

    promoHunter Guest

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    #3
    that right, no one can help. sorry.
     
    promoHunter, Nov 30, 2008 IP
  4. calcalmx123

    calcalmx123 Well-Known Member

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    #4
    Lol Your Nice.

    Well There Is Lots Of "Clone" Scripts Templates Games Ect. But It Is Still Illegal As You Are Stealing A Idea That's Not Your Own.
     
    calcalmx123, Nov 30, 2008 IP
  5. jquindlen

    jquindlen Notable Member

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    #5
    I'll try my best to help, but be forewarned that I am not a lawyer and that I am not offer legal advice or counsel. For definitive answers you should always consult an attorney.

    Issue 1 is that you'll need to make sure you're not creating a "derivative work" based on work that is copyrighted by someone else. This is because the copyright for a "derivative work" would not belong to you, but instead to the owner of the work on which you based yours on. So make sure that your work is 100% original, including the idea. Your work should stand on its own. This doesn't mean you can't make a game similar to another game, it just means your game can't be based on the other one. There is a difference. I recommend doing some searches on "derivative work" to further clarify what that constitutes.

    Issue 2, related to issue 1, is that you don't want to use the other games' name to promote your work, such as Clone of Game X. This is almost an outright declaration that you've created a derivative work, and if the game's name is trademarked, then you're in danger of infringing on their mark as well. Again, your game should stand on its own. The only way I see getting around this is to use customer reviews/testimonials, such as "wow, this game rules. It's even better than Game X."

    I'd say the best way to approach this is to produce the game in the same "genre" and market it as such. Just my two cents. ;)
     
    jquindlen, Nov 30, 2008 IP