Legal Question in Intellectual Property in New York
I am considering completely editing the ROM of a relatively older game from Nintendo. I will be changing all graphics, names, and music. I also know that game mechanics aren't protected by U.S. copyright laws. The only problem is that there might be rules against building off of an existing source code to make a game. I am not 100% sure about these details. Will I be allowed to commercialize the game?
1 Answer from Attorneys
The code is protected by copyright and what you are describing sounds like straight up copyright infringement. I'm note sure what you mean when you say the "game mechanics aren't protected by US copyright laws?" Do you mean how the game is actually played? Then yes I agree with that, but the underlying code sure is.
I would go no further until you have discussed with IP counsel in private to make sure you are not inviting a problem. If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.