Nintendo's Official View On Fangames

DarkMage31 · Dec 15, 2004

Most of the games here on PC are pkmn fan games, so I emailed Nintendo and asked their position. Well? Would you like to hear what they had to say?

From: [email removed]
> > Posted At: 16:22:45.000 11/30/2004
> > Posted To: Nintendo <[email protected]>
> > Subject: Webform: Software Related >
> >
> >Hello. I am emailing you to ask Nintendo's position on derivitive work-
> >specifically, fan games based on Pokemon. Would you give permission and
> >solicit a home-made amature fan game that will not be sold? They are not
> >parodies or criticisms, so they would not fall under the legal definition
> >of fair use and naturally requires your legal acceptance. The games would
> >not be sold in any way, would not impede on Nintendo's sales, and would
> >only help nurture interest in your products and allow creativity to be
> >expressed through your great concepts. I hope you understand, but if
> >Nintendo does not solicit derivitive fan games, I would be more than
>happy
> >to cease action in your interest without need of legal repricussion.
>Thank
> >you.

> >From: Nintendo <[email protected]> To: [email removed]
> >Subject: Re : Webform: Software Related > Date: Wed, 1 Dec 2004 07:32:33
> >--800
> >
> >
> >
> >Message(#6851-000385-0290\3850290)
> >
> >Hello and thank you for contacting Nintendo,
> >
> >We appreciate your interest in Nintendo of America Inc.
> >
> >Because we receive so many similar requests, our general policy is to
> >decline such use of our trademarked and copyrighted material. Although
>you
> >are not necessarily restricted from going ahead with your proposal, you
>are
> >restricted from using our trademarked and copyrighted materials in a way
> >which would suggest sponsorship, endorsement or association of such a
> >service by or with Nintendo.
> >
> >Thank you again for contacting Nintendo.
> >Nintendo of America Inc.
> >Nicolas Ramu
> >
> >Nintendo's home page: http://www.nintendo.com/
> >Power Line (Automated Product Info): (425) 885-7529

>Thank you. Just so I understand fully, using the actual Pokemon logo, for
>example, would be against your policy, but making my own based on the
>"official" version would be acceptable? And so long as it is specified that
>I am not affiliated or endorsed by Nintendo, it's okay? Just making sure!
>:)
>Thank you

>Subject: RE: Re : Webform: Software Related > Date: Wed, 1 Dec 2004
>17:38:49 --800
>
>Hi,
>
>Thanks for writing! To answer your questions, making your own logo should
>be okay, as long as you don't suggest sponsorship, endorsement, or
>association.
>
>Sincerely,
>
>Nintendo of America Inc.
>Kurt Wagner
>
>Nintendo's home page: http://www.nintendo.com/
>Power Line (Automated Product Info): (425) 885-7529

What about using directly ripped graphics from the official games? Or is
that pushing it?

Hello,

Taking graphics directly from a game would be, as you put it, "pushing it."
Nintendo owns extensive intellectual property rights in all of our products,
including systems, game titles, characters and game audiovisual works. To
protect our rights, we must exercise very close quality control over their use.

The same thing goes for images and information on our web sites. All content on
web sites operated by Nintendo of America Inc., including articles, artwork,
screen shots and other files, is copyright 1997 - 2004 by Nintendo of America
Inc., unless owned by a third party. Trademarks and copyrights for third-party
games and characters are owned by the companies that market or license those
products.

All content, including articles, artwork, screen shots and other files on our
sites may not be used on any other web site, in any publications or in public
performances.

Nintendo does not grant permission to individuals to use any content from our
web sites. Because we receive thousands of such requests, our policy is to
decline use of our trademarks and copyrights.

Sincerely,

Nintendo of America Inc.
J.J. Craig McClure

Basically what I got from this correspondance is the following:
You can make fan games
You can not show affiliation or endorsement
You can not used ripped graphics

Brittany · Dec 15, 2004

Well, now we all understand the means of how we should go about making fan games here. Great job DM31! A great sticky. ^_^

RM2K3kid · Dec 16, 2004

I knew that nintendo would not let anyone use thier graphics! Hm... At least people starting fan games know what they can and can't use!

Illusion · Dec 16, 2004

You can not used ripped graphics

Does that mean that we have to take away all the ripped graphics of our games?
or can we leave them and give credit to nintendo?

Brittany · Dec 16, 2004

Pokemaster_shiny said:
Does that mean that we have to take away all the ripped graphics of our games?
or can we leave them and give credit to nintendo?

That's 'pushing it'.
I wouldn't chance it if I were you.

Dawson · Dec 16, 2004

Pokemaster_shiny said:
Does that mean that we have to take away all the ripped graphics of our games?
or can we leave them and give credit to nintendo?

Well, the chances of Nintendo filing a lawsuit against us are slim to none so I, personally, don't think there's a problem. Of course if you try to sell your Pokemon fangame...that's a different matter.

SBaby · Dec 16, 2004

They really only responded in that way to discourage people from doing it. Here is the reason why.

According to Federal Copyright Laws, you can do it as long as you don't profit from it (unless you have written consent from Nintendo). Basically, do what you've been doing and don't charge people for downloads of resources and games and you should be pretty safe, as long as the laws don't change. Besides, Nintendo probably won't go after you for making free fan games... (Would they really want to do that to people trying to pay homage to their products?)

In other words, don't pull a Napster.

If you really want to be on the safe side, you could put a disclaimer that says that the game isn't an official Nintendo Product.

Ninja Tree · Dec 16, 2004

Hm...you should've ask about home brew video games and what language the DS will use...

Jeremy · Dec 17, 2004

*Gasp Jeremy is posting here.* :p
umbreon135, why don't you askthem sweetie. :p

Anyway, hmm, is there a certain percentage of gfx we can use, or we gotta make our own?

Brittany · Dec 17, 2004

PIKA2 said:
*Gasp Jeremy is posting here.* :p
umbreon135, why don't you askthem sweetie. :p

Anyway, hmm, is there a certain percentage of gfx we can use, or we gotta make our own?

I wouldn't actually expect for them to take legal action, but I'm sure that they prefer that we make our own.

Pidgeot500 · Dec 17, 2004

Wow! Thanks, DarkMage, this is really amazing... It's great how this Kurt person leveled with you, relatively speaking I mean (and of course while maintaing professionalism). I've spoken to many smaller companies who wrote more but said far less, and I'm sure you know what I mean by that. Of course, it's not Nintendo that's communicating with you, it's a representative of Nintendo, who may not actually be representative of the typical Nintendo representative. (And by Nintendo representive, I don't mean the old "gym leader" reps. ;) )

This is great news. I'd been wondering how to lay out some of the programs I've been working on, and this just about answers that. Again, thanks for taking the time to e-mail Nintendo and letting us in on the response--you were very well-spoken, too! ^_^

Nintendos Main Executive · Dec 18, 2004

phoenix316 said:
Well, the chances of Nintendo filing a lawsuit against us are slim to none so I, personally, don't think there's a problem. Of course if you try to sell your Pokemon fangame...that's a different matter.

Excuse me we will take legal action are graphics are copyrighted and so is music pokemon and every thing else

Fangking Omega · Dec 18, 2004

Now that's just hilarious -_-
I'm sure an executive would have a far more official way of stating his presence, and maybe a stronger grasp of syntax ;)

Anyway, it's a pity that they'd prefer us not to use the graphics and stuff. I was working on a game, but I kinda got bored of it and went back to other projects. I can't imagine why we should fear lawsuits though.

DarkMage31 · Dec 18, 2004

Hi Nintendos Main Executive, aka Cigarettes. OH! BUSTED! We mods have access to your IPs, genius.

Now that I have a line of communication open with Nintendo, is there anything you'd like asked?

Sorye HK · Dec 19, 2004

Well, I'd lost internet connection for the past week so firstly, sorry for not posting.
Secondly, are you sure that it isn't just one of those cases where the 'sibling' uses his account? It's happened to me once before as you all know.
But I cannot deny that the style of writing is in fact very similar to cigarettes himself...

jyaltma · Dec 19, 2004

yeah the grammar in the "exective's" post sucked... :D

hmm... do i have anything for you to ask nintendo? umm... how about will gamecube ever have a successor or will there be a ds player for the gamecube, as there was a gameboy player?

Brittany · Dec 19, 2004

Daegon_Kimeron said:
Secondly, are you sure that it isn't just one of those cases where the 'sibling' uses his account? It's happened to me once before as you all know.
But I cannot deny that the style of writing is in fact very similar to cigarettes himself...

That's happened to me too(no damage though :P)

Like you said though, the grammar is undeniably similar to cigarette's.

santadidit102 · Dec 19, 2004

DarkMage31 said:
Hi Nintendos Main Executive, aka Cigarettes. OH! BUSTED! We mods have access to your IPs, genius.

Now that I have a line of communication open with Nintendo, is there anything you'd like asked?

DM,mike said he doesnt work for nintendo,his sis does......

other dude
gamecube will have a successor(my guess)
as all other systems from nintendo have
eg:nintendo-super nintendo-nintendo 64
game boy pocket-gameboy-gameboy color-gameboy advance

DarkMage31 · Dec 19, 2004

DM,mike said he doesnt work for nintendo,his sis does......

Are you absolutely sure he said this? It is very important that you answer this.

Krazy_Meerkat · Jan 3, 2005

This is rather unpleasant.. Without official pokemon graphics it is incredibly hard to make a pokemon game..
I don't really think that nintendo would ever sue someone trying to make a harmless fangame without selling it, but all the same..

Nintendo's Official View On Fangames

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