If I make a game that has been copyrighted, (say, Nintendo) will it be legal?

could be DMCA’ed if the company bothers to (it has been before, so beware (the removed pac-man project and most incredibox emulators))

ok ty (my cake slightly got burnt)

RainbowSJ wrote:

If I make a game that has been copyrighted, (say, Nintendo) will it be legal?

I mean… its scratch, Of course its legal! You are not going to get put to jail for creating a terrible depiction of a game that you are going to make zero money off of and made using a kids block website

I think Scratch is a good platform, but it's important to check the legal policies first. The Scratch team can't change a company's legal rules. It would be right to view company policy first.

ty!

move (1000) steps
turn cw (around) degrees
hide

ThatBlueSquare wrote:

RainbowSJ wrote:

If I make a game that has been copyrighted, (say, Nintendo) will it be legal?

I mean… its scratch, Of course its legal! You are not going to get put to jail for creating a terrible depiction of a game that you are going to make zero money off of and made using a kids block website

If it contains Nintendo media or is a fan game it will probably be fine. If it’s a game-recreation then no. You might get DMCA’d although chances are a bit low

Scratch_Cat_Coder8 wrote:

If it contains Nintendo media or is a fan game it will probably be fine. If it’s a game-recreation then no. You might get DMCA’d although chances are a bit low

Even if it contains Nintendo media, it could be DMCA'd if Nintendo chooses to go that route. Historically they have not, however — and even game recreations remain on the Scratch website. For Nintendo specifically, I suspect it is fine (i.e. low-risk).

RainbowSJ wrote:

(#1)
-snip-

you can't copyright projects

crazyfrogcat wrote:

RainbowSJ wrote:

(#1)
If I make a game that has been copyrighted, (say, Nintendo) will it be legal?

you can't copyright projects

He isn't talking about projects, he is talking about if a copyrighted game outside of scratch is allowed to be recreated.

I would say to be careful - there have been DMCA takedowns before, although it isn't that common.

plantskym2 wrote:

crazyfrogcat wrote:

RainbowSJ wrote:

(#1)
If I make a game that has been copyrighted, (say, Nintendo) will it be legal?

you can't copyright projects

He isn't talking about projects, he is talking about if a copyrighted game outside of scratch is allowed to be recreated.

I would say to be careful - there have been DMCA takedowns before, although it isn't that common.

Is that what happened to that one guy’s BitLife remake? I saw the thumbnail on trending but it had already been deleted.

We don't want a incident similar to the infamous Bandai DMCA Incident here back in July of 2010. So short answer: No.

no, it's breaks terms of use

4.3 All user-generated content you submit to Scratch is licensed to and through Scratch under the Creative Commons Attribution-ShareAlike 2.0 license.This allows others to view and remix your content. This license also allows the Scratch Team to display, distribute, and reproduce your content on the Scratch website, through social media channels, and elsewhere. If you do not want to license your content under this license, then do not share it on Scratch.

so it will most likely be a no

crazyfrogcat wrote:

no, it's breaks terms of use

4.3 All user-generated content you submit to Scratch is licensed to and through Scratch under the Creative Commons Attribution-ShareAlike 2.0 license.This allows others to view and remix your content. This license also allows the Scratch Team to display, distribute, and reproduce your content on the Scratch website, through social media channels, and elsewhere. If you do not want to license your content under this license, then do not share it on Scratch.

so it will most likely be a no

Well, making an exact copy of something you don't have the right to copy does technically break the ToU (see ToU 4.2), but not that part of it.

Anyways, the OP isn't asking if they can put their project under an all rights reserved license, they're asking if they can make a copy of an all rights reserved game would be legal.

The short answer is no, that's copyright infringement.

The long answer is that stuff on Scratch tends to fly under the radar, and while DMCA takedown requests have happened before, they're pretty rare, and the Scratch Team tends to not take down things that use things that they aren't supposed to (and they can get away with this legally too, see ToU 4.6), and if it ever came to a creator suing someone on Scratch, they likely wouldn't have much of a case considering that nobody makes money on Scratch (at least in the United States, you do technically have to prove that you received more than $20 in damages in order to sue someone).

Disclaimer: I am not a lawyer. Do not consider this legal advice.

Za-Chary wrote:

Scratch_Cat_Coder8 wrote:

If it contains Nintendo media or is a fan game it will probably be fine. If it’s a game-recreation then no. You might get DMCA’d although chances are a bit low

Even if it contains Nintendo media, it could be DMCA'd if Nintendo chooses to go that route. Historically they have not, however — and even game recreations remain on the Scratch website. For Nintendo specifically, I suspect it is fine (i.e. low-risk).

I said probably will be fine. Not that it won’t get DMCA’d. Just probably will be DMCA’d

its hard to completely replicate something so complex like Nintendo, especially because they don't use Scratch's code language. as long as you give credit, I'm sure its fine.

plantskym2 wrote:

crazyfrogcat wrote:

RainbowSJ wrote:

(#1)
If I make a game that has been copyrighted, (say, Nintendo) will it be legal?

you can't copyright projects

He isn't talking about projects, he is talking about if a copyrighted game outside of scratch is allowed to be recreated.

I would say to be careful - there have been DMCA takedowns before, although it isn't that common.

I'm not a he

reading this gives me a headache- oh wait i have fever

ok guys, there is a project Just Dance Scratchified, and they gave credits to the original creators. so to sum it up, if i DO make a game like that and i give CREDITS, it would be fine or not?

Well, GeOmEtRy DaSh exists on here, along with Minecraft remakes, but those don't seem to be taken down. I'd say yes.