QUESTION

Is a game based on another game considered a copyright infringement?

Asked on Aug 23rd, 2012 on Patents - Massachusetts
More details to this question:
I am not in America. I made a game to sell and it is based on another game. What do I need to do to make it not a copyright infringement?
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3 ANSWERS

Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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The answer will depend upon the country of which you are a citizen. In the US, copyright only protects the expression of an idea and not the idea itself. But without examining both games, it's not possible here to determine if you would be violating copyright laws by releasing your game as it is.
Answered on Aug 27th, 2012 at 12:48 PM

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Intellectual Property Attorney serving South Jordan, UT at Pearson Butler
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This is very fact dependent. It depends on what you mean by "based on" and what is the same and what is different between the games. You should have an attorney review both games to get a good feel for how you stand.
Answered on Aug 27th, 2012 at 12:47 PM

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Appellate Litigation Attorney serving Boston, MA at Banner & Witcoff, Ltd.
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This would likely fall into the US copyright category of a "derivative work." If a derivative work is substantially similar to the original copyrighted work (the first game) then it would be copyright infringement to proceed unless you first obtained a license from the original copyright owner.
Answered on Aug 27th, 2012 at 12:46 PM

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