I have a project I'm working on, it's a Mario game, so of course it's non-commercial. But I have a problem: I can't model for my life! I actually need a number of models, so if anyone just happens to stroll through and happen to want to make a model for me, feel free to choose from the list. I don't want to pressure this on anybody in any way, so if you decide to help, take your time.
Mario, Luigi, Wario, Waluigi, Yoshi, Peach, Bowser, Baby Bowser/Jr, Koopa, Koopa Shell,Shaman, Shy Guy, Goomba, Boo, Blooper, Pirhana Plant, Bob-Omb, Toad, Hammer Brother, Magikoopa, Wiggler, Lakitu, Koopa Bros, Snifit, Goomba King, Master/Crazy Hand, Chain Chomp, Bullet Bill, a Warp Pipe, a Coin, a Star, a Mushroom, and a Fire Flower.

It is really simple: Make this game! Program all scripts, menus, interactions and show it to the modellers that will help.

But without showing anything there is no incentive to help since nobody knows how fast this project disappears.

Another reason to do as Frank suggests is it will give you plenty of time to review copyright law and see why you can-not/should-not make a mario game.

Do a search under "copyright" in the business forum to see what I'm talking about. We have had numerous discussions detailing why using copyrighted characters, even for non-comm games, is a bad idea.

Copyright laws are broken everytime someone draws a piece of fan art. With the exception of porn and commercail ops, the companies don't do anything against this free advertsising. So unless Nintendo is known for going after mario fan games, and I don't think they have gone after any of the many Zelda fan games, I think it's go.

Ok, with the discussion of copyright laws in a different topic, I can see why someone wouldn't wanna make a model for a game that they don't know will disappear. I'll do that...

Well, I think they might get pissed about it since I'm planning it as an MMOA >_<

Hiya.

Actually, "fan art" is covered under "fair use" nowadays. It is still considered a derivative material, so you can't really do anything with it (re: sell it, use it to promote something you sell, etc.).

To the original poster: you can make a mario game if you want...you just aren't allowed to release it. That means for pay *or* for free. So, if you want to do it purely for fun and personal use (e.g., you, your brother, mother and father are the only ones going to ever see/play it), go ahead and have some fun! Just remember, if it ever gets 'out', you will be held legally responsible (or your parents, if you aren't old enough).

So how could a fan game be considered different from fan art? Also how are comic book artists able to sell their work of characters they do not hold the rights to?

Hiya.

How "fan art" is different from "fan art" is a very thin line....mostly it depends on the company with the copyright/trademark/IP. Disney and Nintendo used to sue at the drop of a pin...maybe they've relaxed a bit (but I doubt it). You see, if you make a little game with Mario, and a grand total of 19 people world-wide download it...Nintendo probably won't care much....*probably*. But the more people see it, play it, etc., the more and more chance you have of getting the pants sued off you.

Comic book artists do not "sell their work of characters they don't hold rights to" en-mass. If they did that, they'd be sued in a second. Most likely, they have been contracted/allowed to do it...with it being approved by the copyright/trademark owner giving final approval (and probably taking the vast majority of the money; likely just paying a flat dollar fee to the artist). Or they are just doing a few pieces for a few bucks each, and selling directly to the person who wanted it. As soon as they start to 'publish it for sale', they're in for a heap of legal trouble. Is there some comic book artist that you have in mind? I've never seen any 'comic book artists' book that had copyrighted characters that the artist didn't get permission from...

Here is a quick little link I found that might help:
http://briefs.toddverbeek.com/archives/Fan_Art.html


The short of it is this: if you 'copy' another company/artists work and try and give it away/sell it, you'll probably get sued unless you are only giving away/selling 1 or 2 copies...but don't count on it.

simple: there is nothing like "fan art" in general.
without permission you are even not allowed to use the copyrighted material for personal use (at home aso). though most companies dont mind that and mainly because they cant control it you will slip thru this one.
but as soon as you put it online, out of your door or to near to one of your windows it can get quite bad.

mario is their brand. Imagine you would make a game and 242342343 different developers would pick your game and release this kind of "fan art". hardly anybody would buy the original game anymore. bad "fan art" can ruin the image of a game or your company.

most people right now are fed up with those ww2 games because lots of companies have made lots of such games.
imagine how the impact would be on 23423432432 released stargate games.
"jack o´neil again?! damn, cant they get an original theme for once!" .... i doubt you would accept this in the first place, so why should they.

make your own game. point