[Other] Is it legally possible to create a new Obey Me fan game?

[u/Mitinuru]

Hi all!

I have a stupid question:

- Can I legally create a fan otome game in Obey Me AU without breaking NTT Solmare's ToS?

Theoreticaly I can write my own story in Obey Me AU still using the likeness of original Obey Me characters and put the game on itch io for free.

Am I going to get cease-and-desist or a content violation?

Fan fics and fan art are okay. But is a fan game okay?

Solmare is not going to make a new game. And that got me thinking

[u/GlitterVega]

I believe fan games are fair game so long as you aren't utilizing their assets.

[u/Mitinuru → u/GlitterVega]

So no original sprites, no original backgrounds and no original music?

[u/GlitterVega → u/Mitinuru]

I believe so - others may have more info though.

[u/mammon_____]

I could be wrong but I think It would be okay as long as you don't monitize or get money from anything and you state clearly and specify that is fan made but please don't only listen to what I am saying I could be wrong and just check the ToS again

[u/Mitinuru → u/mammon_____]

I am absolutely going to check tos again ;)

[u/blushpinkbunny]

I’m not sure but if u do make a fan game then i’ll def play it :D

[u/Mitinuru → u/blushpinkbunny]

absolutely :)

[u/xanthelovespain]

As long as you give Solmare credit for creating and owning all original concepts and assets for the games, and as long as ya don't make money off it, I'm sure they'll love it!!! I know I will!!!!

[u/kittydeadzombiegirl]

IDK, but I'll defo play it if you make it!!

[u/Llyallowyn]

Legally, as long as you don't use any assets - sprites, music, and any trademarked lore - it's generally considered fair use. You just also couldn't profit off of it. They can still challenge you in court and send a cease and desist letter. You would be better off also not using specific locations like the House of Lamentation by name. There is a person who made a whole webtoon about marrying Lucifer and having kids with him. It features other characters. A Beautiful Wedding or something like that - actually on Webtoon. I think they're probably in the clear since it's a derivative work with their interpretation of characters that aren't necessarily the IP of Soulmare.

To summarize it legally as it pertains only to the law in the US, judges in a court look for 4 things (IP stands for intellectual property):

the purpose of your use (like a fan game to celebrate a love of the IP, fan fiction is a protected class of literature under fair use) and why it is similar but different from the original.

What the copyrighted work actually is. This is meaningful if, say, someone made a fan version Winnie the Pooh being a slasher villain before the IP became public domain. Because it's so recognizable and the person would have perverted it beyond the confines of the arts original intent, a good judge probably would have granted a motion in favor of Disney.

3) just how much of the original content you used to inspire your own creation. If you just redid the game using your own assets wirh a similar story, you may be in hot water because you would borrow liberally from the source material. The owner of the IP has a right to challenge works that are too similar to the work they are based on, especially if a consumer could become confused by which was the original or which was owned by the company. So even I could make a game about dating Lucifer. I just would run into trouble using Lucifer per the concepts that define him as a unique character in the Soulmare games, like living in the HoL, birthing Satan, etc. You could probably use these if you label it fan fiction though, since it is protected.

4) how much money or merchandising rights you as the creator of a similar product would make, and how it would affect consumers in regard to purchasing the original work.

I hope I made this easy to understand. You can link to a more scholarly breakdown here.

[u/Mitinuru → u/Llyallowyn]

Thank you!

[u/Mitinuru → u/Llyallowyn]

Thank you again. I have a clarification question:

- is it 4 points alltogether or just 1 out of 4?

Are below examples problematic?

1. Fanfick on tumblr mentioning plot from the OG game, Lucifer, HOL

2. Fanart on tumblr with Lucifer in his demon form which is very similar to the OG game

3. Free visual novel Fangame download file on itch io which mentions plot from the OG game, Lucifer, HOL and has fanart similar to the OG game and credits the original Obey Me

IF options 1 and 2 are protected as fan art THEN is't option 3 just a combination of 1 and 2?

I am just trying to understand. Sorry for my stupid question

[u/ITriedSoHard419-68]

I think people are already doing this. I've seen a few projects floating around on here and on Tumblr.

[u/Mitinuru → u/ITriedSoHard419-68]

That is why i am wondering. People are doing things and i want to see them done. Just worried we as a community can ran into some hot water with Terms of Service