- Jul 16, 2021
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I was thinking of creating a game using copyrighted characters(onepiece/naruto/etc) and make profit off it using maybe patreon. But i have little to no knowledge about LAWS 
VN Is it LEGAL to make a Game out of fanart characters?
- Thread starter Devious Tenant
- Start date
- Apr 29, 2017
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It is illegal, but I don't think the company will pursue legal actions against you. Unless you're making big $$$
- Jun 3, 2017
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I've heard repeatedly that anything owned by Nintendo should be avoided. Maybe also Disney; not sure but I seem to recall something about a Star Wars porn parody game coming under fire.
- Jul 16, 2021
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- Jul 16, 2021
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- Jul 16, 2021
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Yes I don't think the big companies really take to mu h interest I mean all publicity is good for them unless your doing something else that's illegal or really bad
- Dec 27, 2019
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I dont think they give a fuck as you you dont make bank and even then its rare the most they will probs do is send you a letter saying "stop and delete or we sue your ass lol"
It's a grey area but not many peruse it legally besides Nintendo.I was thinking of creating a game using copyrighted characters(onepiece/naruto/etc) and make profit off it using maybe patreon. But i have little to no knowledge about LAWS
Under Fair Use, which is something big corporations don't consider but hey who breaks the law only depends on who can afford lawyers, makes things like parodies legal so long as they're transformative enough, think Princess Peach cosplay as if you can't tell it's not Peach it likely is close to crime but good enough gets you a level up.
Now you wouldn't own the Intellectual Property of the copyright owner and they wouldn't own your Fan Art so it puts the work in purgatory. Some creators get around this by releasing their game for "Free" which means you're Not Profiting from the art but getting people to Pay for your time and work which is why parodies offer "Early Access" to free games, custom pinup wallpapers, etc.
Big corporations like Patreon are not going to give a flying fuck though and any cease and desist letters will have them pull your account. Diversifying will help but there isn't much real protection from this even if you are in the legal right as it's your money against theirs and they have bigger coffers.
In any event unless you make serious bank not many are going to take the time to notice. However in the event you make enough that you can afford a lawyer well perhaps get real legal advice
- Jul 16, 2021
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Thanks for the help I'd like to think that those big corporations wouldn't take action since it'll be an adult game, maybe save them the embarrassment. BUT I sure do hope TOEI and Oda are secretly proud of what ima be making hahaha
I'd like to think that those big corporations wouldn't take action since it'll be an adult game, maybe save them the embarrassment. BUT I sure do hope TOEI and Oda are secretly proud of what ima be making hahaha
- May 12, 2022
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I feel like its definitely not a criminal offense but you are open to being sued or whatever. Youll never be able to make a lot of money from borrowed IP but if money isnt what you care about then im not sure there is too much to be afraid of. Not a lawyer though lol.
- Jan 17, 2022
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Akabur made his famous Princess Trainer featuring really Disney-like drawings of Aladdin, and the game is still available.
As far as I know, he didn't have any trouble, but maybe there are things I don't know.
As far as I know, he didn't have any trouble, but maybe there are things I don't know.
- Jul 29, 2018
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I think most of the games that do this are in Russia or places where US law can't get to them.
- Jul 16, 2021
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Nope, companies like Patreon will "respect" the laws of the areas they work in, at least the ones they are forced to anyways, or decrees from the bigger banks that process the money.
It doesn't take to much to be transformative, just look at Rick & Morty which started out as a Back to the Future parody.
In any event unless you make serious bank or become infamous it wouldn't be much of a problem and it's cheaper for big companies to throw around cease and desist letters then filing real lawsuits so there is a buffer.
Unless you're looking to make a game using IP from one of the more overprotective companies like Nintendo there isn't much to worry about.
While you'll probably get off with a warning if you take the game down when requested, that does mean still wasting potentially years of work if it happens. IIRC there was a (non-porn) pokemon fan game that was worked on for years and got to be live for about a day before it was taken down.
A lot of people do it and get away with it but honestly I never would. Life has enough stress without worrying that any day I could get the letter saying my project is dead.
A lot of people do it and get away with it but honestly I never would. Life has enough stress without worrying that any day I could get the letter saying my project is dead.
There will come a day when the copyright gods go after adult games also, but don't think we're their yet.