quick question about remake legality

[ervin]

Hi folks.

I'm working on a remake of an old BASIC game which was released commercially way back in the day.
When it's finished, I'd like to distribute it via itch.io, for free.

Does anyone know if there would be any potential legal problems with doing this?
I'm not using any of the old BASIC code, but I am using identical graphics in most cases.

[Devlin]

If you can find and get in touch with the original creator, asking for blessings to remake it never goes amiss.

For commercial stuff, it's a big legal grey area. That said, most of the time if you're crediting clearly, and *actively* not trying to take it commercial yourself, that keeps things generally in your favour.

If you think it's worth a punt, I'd say go for it, but be prepared for the worst.

[ervin]

Thanks @Devlin, that's good advice.
I will try to find the original authors.

Regardless, I will keep their names in the game's menu screen.

[andycadley]

It's not that grey an area, legally speaking it's IP infringement and you could be on the wrong end of a dispute (unless you change so much, including names etc, that it's barely recognizable but that usually defeats the point of a remake).

However, practically speaking, if it's not made by some giant corporation that still leverages the IP, nobody is likely to mind (as long as you aren't charging money for it). Asking the author, if you can find them, is a good idea otherwise you sometimes just have to go with "Seek forgiveness rather than permission".

Even if you do get into a legal dispute, the likely first step would be a "Cease and Desist" requiring you to stop distributing the game. Which would be a shame but you can still keep it for your personal satisfaction, which sometimes is enough.

[ervin]

Thanks @andycadley.