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Can a fangame be listed under "Name your price" with no minimum set?

A topic by man_off_the_grid created Sep 19, 2021 Views: 957 Replies: 7
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Exactly as it says on the tin. I intend to post a fangame I'm working on, and I want to know if it's possible to list it under "Name your price" with no minimum set, essentially free with the option to support the creator. As far as I know, copyright law with regards to fangames is contingent on whether or not it is being sold, and I think the language refers to a prohibitive license of access, but my efforts to find the relevant law in California to confirm this have been in vain, and the TOS doesn't clarify this issue either. I have sent an email to the support team, but it's been 8 days since I sent it and I don't think they'll get back to me. Does anyone here know the answer?

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"copyright law with regards to fangames is contingent on whether or not it is being sold" isn't true at all! Some companies have a general policy of drawing the line there, but Nintendo for example has gone after free fangames many times.

Then, for context, I shall say this is a Tetris based fan game

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Not a lawyer, but doing anything potentially iffy with Tetris seems particularly risky. https://en.wikipedia.org/wiki/Tetris_Holding%2C_LLC_v._Xio_Interactive%2C_Inc. is one of the most extreme cases ever of a game publisher successfully pursuing a copyright claim.

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As goodbunnystudio so aptly put it, your assumptions about copyright law are not quite correct.

If you are making a fan game (what we would call a derivative work), as far as copyright is concerned it does not matter if you are selling it or not. What matters is whether or not it's authorized by the copyright holder, and if it isn't then the copyright holder has the right to request the infringing work's removal from platforms.

This includes, for example, fan art. Yes, most fan art is not authorized and copyright owners could request their removal, but almost everyone understands that's silly, rude and a spit on the face of the people who enjoy your work. Companies, for the most part, only use their right to remove derivative content when it's being used for commercial purposes, but keep in mind they could request the removal of non-commercial content as well, if they wanted.

In your case, accepting money (even "pay what you want") could increase your chances of receiving a legally-backed request to remove your game from circulation.

...and to get permission, I'd have to somehow get into contact with Tetris LLC, which I don't think would be reasonably achievable. Alright, I think I got an alternate one to make, it seems like Hasboro straight up doesn't care about Diplomacy anymore

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For what it's worth, you can not only set a minimum PWWW of $0, but you can disable payment entirely.

Update for this thread, Itch got back to me and it's ok, as Name your price would be considered an optional donation, not a sale. As such, I'm going ahead with the Diplomacy plan, and will not be commenting on this thread any further.

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