![]() ![]() ![]() But not using any official material would give you a huge advantage over that - such as drawing all the pokemon yourself in different poses. And most people who make fangames don't want to make jokes about what they are a fan of.įrom what I've heard, Nintendo is one of the more notorious for shutting down fan projects while companies like SquEnix are bit more lax as long as you follow certain rules. In case of fangames the ONLY way to claim fair use is to have the game be a parody of the original. THAT is the reason why sometimes fangames and fanfiction can exist for years before suddenly vanishing (like it happened with the pokemon essentials), because only after years the IP holder learned of their existance.Īnd "Fair use" almost never counts for fangames, because there are requirements about the cases where fair use can be applied. ![]() So in any kind of fangame and fanfiction you usually have to hope that no one will ever like it, because the more people like and link it the higher the chance that it will come to the knowledge of the IP holder. The problem with copyright is that only the copyright-holder can enforce it, and if the company holding the rights does not know about your game, then it can't be forbidden. As said above, a fangame (like all fanfiction and similar work) is always illegal. ![]()
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