Accepting donations for fan-based games?

[Melkoshi]

I tried googleing around for an answer. but came up short handed.

I'm planning a rpg/dating sim based on Ragnarok Online. Not any character from the anime/manga. But agroup of friends's own characters we made up playing the MMO.(So the only thing thats Ragnarok's really will be the classes, places and plot.)

It'll be a free to download game. But I was considering accepting donations, incase people really enjoyed the game they could give something to the time and artwork I drew(I am planning on making all the artwork.). Is this acceptable, or by some weird law would I get in trouble for it?

Also, if the above is allowed. Would useing Mp3s in the game, hurt any? I planned on useing the MMO's background music to keep the Ragnarok Online feel. Would useing those copyrighted sound files(and the format of course), cause any legal problems with a free-to-download game? especially if I have on the website "donate if you enjoyed this game if you wanna see more like it"?

[Samu-kun]

Actually, making the game would be illegal, so yes, asking for donations would also be illegal. To make a long story short, if you didn't make it, then you can't copy it. Do the research.

[Melkoshi]

Funny, I had already read that page earlyer, which is what sparked my question considering the fair-use and education. I am aware I didn't create the 'world setting' or anything that was downloaded from the MMO. Which is why I posted my topic.

Fan-games are not allowed then? even if everything inside the game was 100% remade/redrawn(asumeing I dont use the mp3s then) but based on another pieces work? Or are they just 'shunned'?

or is the fact of placeing a little "if you enjoyed it share" thing the problem with that?

edit: main reason i'm asking is I see doujin games which this is what mine would be.

[papillon]

You may also notice that DLsite won't let you publish doujin games if you're not from Japan, because copyright standards are different elsewhere.

Using anything created by someone else without permission is generally illegal. Some creators give permission for fan works in specific circumstances (for example, there are some free text-based Pern worlds that have permission to use the setting, and various games got permission from the Zork copyright holders to make references to Zork).

Others have 'fuzzy permission' where fanworks are not pursued as long as they are kept in specific fan places and no money is charged or solicited - many authors are aware of fanfiction.net and do nothing, but if you try to sell your story they will come after you guns blazing. Fanfiction authors generally do NOT have actual permission, and their stories CAN be requested to be taken down if the authors bother. There are at least a few authors who have complete no-fanfic stances and do stop stories from being posted.

To the best of my knowledge, Japanese doujin falls into the 'fuzzy permission' area. They don't have real permission to do it, and if the copyright holder decides to enforce their rights, they can be slapped down. However, the general cultural values are different and doujin, even sold, is usually considered 'okay' in the way that free fanfic is considered 'okay' in the west.

There are other copyright holders who have "don't ask, don't tell" policies - if you bring a fangame to their attention, even a free one, they say that they have no choice but to tell you to take it down, but if you don't tell them about it and don't take money for it they will not hassle you.

Most copyright holders have better things to do with their time than trawl the internet looking for infringers to punish. If your game is not hugely popular and you're not taking money for it, the likelihood of having lawyers on your case is small. The more popular it becomes and the more money gets involved, the more likely trouble is.

[Aleema]

I'm on your side, Melkoshi. I consider fangames to be like fanart. It's just a different way of expressing your fandom. Selling that material would be a really bad thing -- but you're not. I really wouldn't feel guilty playing such a game, honestly. I would be upset if someone used the RO world and materials to build a totally separate idea, slapping "btw the picturez are from this one game lol" on at the end. I think you're on even better ground by creating your own sprites and such. But if you're going to go through all that trouble, maybe you should consider making up your own world while you're at it? Think about why you need to set the game in that universe and see if you can't find someway to make that aspect your own. People make spin-offs and spoofs all the time. If you think about it, half the reason you want to make an RO game is because its a recognizable brand. You want to use porings because people know what they are ... so when you get down to it, couldn't you create something entirely different with the same story and characters?

But again, I don't think fangames are bad, especially if you make your own materials. Ripping people off, to me, means that you were lazy and took shortcuts by using others' work. Make sure you're not just taking a shortcut by using an established world. Also, on topic: no donations to be safe.

[Melkoshi]

This is just gonna be a for fun project. I have had nothing better to do with my summer beside play RO, so I felt lets do something with my guildmates.

Only thing I'd be taking from the RO mmo, would be the Music. Else everything would be drawn by my own hands.(so fanart yes, which under all this copyright law seems to be also illegal? Considering fanfiction is consider illegal. Least thats how i'm understanding this "if you did not create it= illegal").

I perfer, fancreations to orginal content to be honest. Hense why even with created characters, I'd like it set in the RO world. So i can enjoy the class system, the storyline it has already. Just with a different twist.

Thanks for the information everyone. Appercate it

[killdream]

To the best of my knowledge, Japanese doujin falls into the 'fuzzy permission' area. They don't have real permission to do it, and if the copyright holder decides to enforce their rights, they can be slapped down.

Hm, actually, not. Most VN companies in japan grants permission for making doujins based in their works and to sell those doujins (though I guess you have to contact they if you want to sell or something, don't remember it too well). But some of them, like Square/Enix(+Eidos) will sue you for sure if you try to make a Chrono Trigger fangame.

To make it short. If you fangame is good and gets attention, maybe they'll tell you to take it down, if it is bad and gets attention, maybe they'll tell you to take it down. Even if it doesn't gets that lots of attention, they can tell you to get it down. And if you're charging for it even in a donate system, they'll probably not only tell you to take it down, if you know what I mean.

In all means, if you don't get permission from them they can tell you to take your game down any time, despiste the work you've put on it. That Chrono Trigger fangame is a good example of it, they were nearly completion, after lots of hard work and they had to take it down before it even saw the sunlight .-.

Also, using music directly from the game is bad, really bad.

[pinkmouse]

Sounds to me like this is basically the same territory that fansubs have to negotiate. I believe the rule in those communities is that no money changes hands, ever. The way to recompense someone for materials used was to send replacements. (Mostly this was posting blank CDs after someone had burned fansubs for you, but I imagine a gift of art-stuff would be happily received too. However, if something is solicited, it is not a gift.)

Recompensing someone for their time and/or effort was considered antithetical to the spirit of the community - a fan is, by definition, someone who wants to spend their time doing this.

But yeah, what everyone else has been saying in this thread: basically if it's a fan-work then you're relying on the copyright owner's goodwill. You have no guarantee that your hard work won't be wasted. The moment you start making money off it (that's emphatically not the same as being in profit!) you're no longer in fan territory and will likely be getting the wrong sort of legal attention in pretty short order.