Legality issues Options

[Kush]

Not that I consider my game to be even worthy of being sold, but just out of curiosity does anyone know what the legal standards of Rpg Maker series? Like, Enterbrain has made these programs to design video games but are there actual restrictions on commercial use? I'm assuming there is but by no means did I start making my game with the intention of trying to sell it, I'm just really curious.

btw I'm not sure if I'm posting this in the appropriate spot..

This post has been edited by Kush: Jan 2 2010, 10:01 PM

[Starscream]

I believe that If you purchase RM legally, you own all the rights to your game and can sell it without any restrictions. However, if you use resources made by others or ripped from commercial games, I don't think you can sell it but I'm not 100% positive.

[Scriptless]

Enterbain games are not allowed to be publicly sold at any given time, they can be shared, downloaded, and uploaded, however cannot be advertised. Hope that helped

[Brent Murray]

*Looks at Monopolo; looks at himself.*

Nope.

But you can sell your game if your using XP / VX with 100 percent your own resources, and NO RTP!!! There are a lot of games that do that and make a mild profit.

[Ty]

*Looks at Monopolo; looks at himself.*

Nope.

But you can sell your game if your using XP / VX with 100 percent your own resources, and NO RTP!!! There are a lot of games that do that and make a mild profit.

This is wrong actually.

If you buy a copy of RPG Maker XP or RPG Maker VX the license for the RTP resources come as well. This means you can legally sell your game using RTP resources. There are quite a few people out there now who have sold (or attempted to sell) a game made using RMXP. However custom resources provide more of an 'oof nice' reaction =D. I think two of the more popular ones would be 'Laxius Force' by Aldorlea Games and 'Aveyond' by Amaranth Games. There are also some released made with RPG Maker VX, but I do not know of any off by heart.

Another thing to note, if you plan on selling your game you ARE allowed to use the RTP however you cannot use custom scripts or resources found on this site without first contacting the one who made them for permission. RIPs from other games are obviously strictly illegal (Ie. Use Seiken Densetsu Tile sets in a RPG Maker XP game then try to sell it)

[rcGingerNinja]

What about custom graphics that appear like known characters (not ripped)?

Not that I use any, but curious.

[Queue]

That could come under plagiarism... however, if the game is a parody (even a commercial parody) you can sell your game under Fair Use Copyright.

Producers or creators of parodies of a copyrighted work have been sued for infringement by the targets of their ridicule, even though such use may be protected as fair use. These fair use cases distinguish between parodies (using a work in order to poke fun at or comment on the work itself) and satires (using a work to poke fun at or comment on something else). Courts have been more willing to grant fair use protections to parodies than to satires, but the ultimate outcome in either circumstance will turn on the application of the four fair use factors.

[rcGingerNinja]

Gee I wonder what some poor person does that is not aware of something in particular and just happens to create something reasonably similar (I mean what they call similar these days is pretty far off but that's the way it is), that would suck and I bet it has happened.

[Flip]

It's perfectly legal if you have the appropriate permissions.
For example, I get most of my music from Newgrounds. I can listen to it as much as I want. But If I need to use it for a ceremony, a seminar , or something like that where there's a fee to enter, then I'd have to make arrangements with the original musician to use their music at my profitable event.

Same with this issue; just replace the profitable event with your game and the musician and their music to the resource makers and their resources.

[Pal88]

Enterbain games are not allowed to be publicly sold at any given time, they can be shared, downloaded, and uploaded, however cannot be advertised. Hope that helped

I'm sure I read in the help file that it says you can sell whatever you make, royalty free as well? This was for rm2k3 engine where I read it from

[Scriptless]

I'm pretty sure that was the rule regarding this, but I have seen an RMXP online game being advertised before.
However, it doesn't exist anymore (I think).

[Brent Murray]

Theres a bunch of RMXP games that were featured on rpgfan.com, and, yep, they were being sold for money (but had all 100% custom works...)

[Scriptless]

No Brent, I mean an RMXP game that was online, people could see each other. It had used all the default RTP. However, it was browser based. It was released a couple of years ago and I think it's shutdown. (When I had first played it, I didn't know about RMXP, I later on discovered it.)

[tagg1080]

From: http://tkool.jp/products/rpgvx/eng/faq.html

"
Q: Is it possible to release (distribute and sell) games I make with RPG MAKER VX?
A: Yes. However, please be aware that any information or materials in your game that violate or infringe the copyrights or publicity rights of any third party, or are defamatory, may result in legal action against you. We shall not be held responsible for any issues, regardless of the content, that occur as a result of the release of your game. You shall accept sole responsibility for the release of your game."

[Kush]

Whoa I'm truly shocked I didn't think it would actually be possible. Although considering the amount of fan games out there I think it would be pretty hard not to infringe on another company's game somehow. Plus you would have to make all your own graphics/scripts but I suppose if you're serious enough it would be worth it.

I think the best way to make money off your game if you were capable would be to make it Ipod Touch compatible and try sell it as an App (if that's even possible)

Thanks for all the replies everyone they all really helped!

[Dark Gaia]

Assuming you've payed for XP/VX legally you can sell games using either the RTP (the one for the engine you bought. Buying VX does not mean you have the XP RTP license, unless you've bought that too) resources you've made from scratch yourself, or custom resources for which you have the creater's permission to use.

Aveyond and Eternal Eden are two examples of games that have been moderately successful in the comercial world and were made in XP and VX respectively.

[Puck]

In other words selling 2k3 games is a no-no?

[Pal88]

In other words selling 2k3 games is a no-no?

In the help file it does say you can, but every version i've found of rm2k3 has been the full version with no need to register so i'm not to sure if this sticks true to this or not?

[Amy Pond]

The RM2k and RM2k3 english versions are illegal cracks anyway so under no circumstances is it legal to sell games made with them. Regardless of what people say, they are unoffcial, illegal cracks. You could buy the Japanese version and make a game with it and sell it, but that's your only hope there.

RMXP/RMVX it is completely legal to sell a game made with it provided you own the rights to all resources (including their respective RTP, which the $60 buys a license for).

[Rob_Riv]

Enterbain games are not allowed to be publicly sold at any given time, they can be shared, downloaded, and uploaded, however cannot be advertised. Hope that helped smile.gif

It doesn't help, just because you type it in bold doesn't make it true. People's threads on this website advertise their games, they wouldn't be allowed by that standard.

If you buy a copy of RPG Maker XP or RPG Maker VX the license for the RTP resources come as well. This means you can legally sell your game using RTP resources.

Assuming you've payed for XP/VX legally you can sell games using either the RTP.

I'm sure this isn't right. I seeked out the contract with Enterbrain that you enter into.

License
ENTERBRAIN grants to Licensee a non-exclusive, non-assignable, fee-free license to use the RTP SOFTWARE only for the purpose to play the GAME created and distributed by RPG MAKER VX users who shall complete the registration procedure.

Restriction
Licensee shall not reverse engineer, de-compile, or disassemble the RTP SOFTWARE. Further, Licensee shall not sell, distribute, assign, lease, sublicense, encumber, or otherwise transfer the RTP SOFTWARE and/or its data without any prior written consent of ENTERBRAIN.

This seems to suggest that you cannot sell or distribute the RTP, which, if selling a game, you would be doing.

Also, just owning RM2k3 in English is illegal, let alone selling it.