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A question before I create a forum here

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Post by IceFlame1019 March 21st 2011, 4:53 am

Hey,

To sum up my question, my friends and I are wanting to make a fangame, but can we create a forum for the game's development?
It's gone from simple hobby-ism to pretty much full-on determination to make a Legend of Spyro continuation after Activision took over the Spyro franchise and rather rudely dumped the Legend series in favor of their new off-shoot.

My question arises from the research I've been doing; most forum hosts do not allow use of "copyrighted" materials.
However, my question seems to be a legal gray area that not many know how to define.
As with any true fan-material, we will be giving full credit to Sierra Entertainment/Activision to any and all existing copyrighted content, and our game will be an adaptation stemming from where the three games of the LoS trilogy hint at the story's direction. Some tell me this in itself is copyright infringement. Doesn't that make half of deviantART and in fact almost all online art sites "copyright infringement" with the vast amount of fan-art and fan-fiction?
To further complicate the issue, technically no one now owns the Legend of Spyro franchise since Activision dumped the Legend trilogy in favor of their new (and in my opinion, completely unnecessary) version called Skylanders, which has nothing to do with the Legend series and is simply using a badly-modified version of the iconic purple dragon Spyro.
bwi

In essence we're picking up an abandoned story and trying to continue it via an adaptation, while giving credit to the original developers for their materials and concepts we might use.
Also of note, we will not be making any profit off of it, the game development and distribution will be cost-free. So no, we're not looking to make money off of Sierra's existing copyrighted game material.
If fan-art and fan-fiction are legal (when credit is given and the artists do not try to claim it as their property), then shouldn't a fan-game be as well?

Which leads to the topic of this question, am I allowed to create a free forum for this game's development?

A forum would obviously greatly help the team members transfer designs and ideas, and keep everything organized. Currently we're limited to MSN filesharing and Titanpad co-op text authoring for storyboarding. However, I need to clarify this fan-game material issue first before creating a forum.

Why are we so intent?
Well...my friends and I loved the Legend trilogy, and we're very upset and disheartened that Activision (yet again) messed up something good for their own profit. Some interview videos with the trilogy producers stated that an entire story was planned beyond the 3rd installment, and we were eagerly awaiting that continuation that was hinted at being in production for a few months after the third game's release.
So, we want to try to continue this story the best we can, as a sort of tribute to something that greatly inspired us.
I guess that's a good way of putting it, it's a tribute project to something we admire.

Any and all help is greatly appreciated.
Thanks for your time looking through this, sorry to have bled out your eyes with all this xD;


(I would consult a lawyer or someone about this, but alas I can't afford it >_< )
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Post by Darren1 March 21st 2011, 5:50 am

Hi,

I assume you'd be able to do so, being that your giving all credit necessary, however, I'm going to ask Typlo, our lesion to the office to pop in here to give the final wording - just to be safe Smile
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Post by IceFlame1019 March 22nd 2011, 2:25 am

Thanks, that would help out a lot xD
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Post by domos123 March 22nd 2011, 2:29 am

Shouldn't see this being a problem. Plenty of forums 'infringe' on copyright material, heck, there are even forums whose sole purpose is to hack games to make different versions (i.e. Pokémon)
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Post by IceFlame1019 March 22nd 2011, 8:14 am

That's a good point, but even so I'm still a little wary, especially given that Spyro is owned by Activision. Activision is extremely a little greedy, so...yeah. don't wanna take chances xD;
In turn I want to know for sure if it's okay with the policies of the forum host. Can never be too careful on the internet.

Game ripping/hacking forums may exist, but some things are hosted where they shouldn't be yet stay up because no attention has been brought to it, I'd hate for our project forum to be taken down out of the blue in the middle of development because we're doing something against the policies.
So again, as much as it seems okay, I just want to be certain, no/minimal guesswork xD;


Last edited by IceFlame1019 on March 22nd 2011, 8:16 am; edited 1 time in total (Reason for editing : forgot formatting)
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Post by IceFlame1019 April 2nd 2011, 5:48 pm

Not sure what the "bump" rule here is but it's been a little over a week now and this is still unresolved.

I'm tempted to just go ahead and make the forum, but again, I'd rather know for sure if there's going to be an issue or not.
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Post by Base April 2nd 2011, 6:16 pm

The bump rule is that consecutive posts must be separated by 24 hours, so you have nothing to worry about. Wink


In my own opinion, you should go ahead and make the forum. After all, it is only a fan-game and you are giving credits to the right people, therefore acknowledging them and that you are not claiming that you came up with the original idea. Of course, if there are problems then you will be notified and you would take the appropriate actions then.

I have seen quite a lot of fan-game and fan-material forums based on video games for quite some time now. There isn't usually a problem as long as you are not making any profits or not acknowledging them in the credits. That's just my opinion on the matter; I may be wrong but then again if you don't try then you won't know. Wink

Regards,

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Post by IceFlame1019 April 3rd 2011, 2:07 am

That seems to be the supposition no matter where I ask, so since it's a rather universal answer, I'm going to create a forum. Thanks for the insight and help.

However, I'm going to leave this as unsolved until some definitive answer is given, just in case someone else later on needs that answer.
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Post by !_NICK_! April 3rd 2011, 3:00 am

You are able to do this. I seen a forum on here that done it to. No worries. Your able to.
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