Are Fan Made Pokemon Games Illegal?

Fan made Pokémon games are indeed illegal as they infringe on the copyright of the original Pokémon owners, and creating or distributing them without permission can lead to legal consequences. The original copyright holders, in this case, Nintendo and The Pokémon Company, have the right to order a cease and desist on fan game projects, and they often do, especially if the games are sold for profit or distributed widely.

Understanding Fan Made Games and Copyright Law

To understand the legality of fan made Pokémon games, it’s essential to delve into the basics of copyright law and how it applies to fan creations.

FAQs About Fan Made Pokémon Games

General Questions

1. What happens if I make a Pokémon game without permission? If you make a Pokémon game without permission, you are infringing on the copyright of the original owners, and you could face legal action, including being sued.
2. Can I get sued for making a fan game? Yes, if you infringe on anyone’s copyright, they can sue you, although the likelihood of this happening varies depending on whether you sell the game and the policy of the copyright owner.
3. Why is Nintendo against fan games? Nintendo is against fan games because they often involve copyright infringement, either through the use of stolen assets or modified ROMs, which can harm the company’s intellectual property and goodwill.

Legality and Consequences

4. Is it legal to sell fan games? Generally, selling fan games is illegal because it involves profiting from someone else’s intellectual property without their consent.
5. Can I sell fan art? While making and selling fan art might not be criminally illegal, it can lead to civil lawsuits from the copyright owners if they decide to enforce their rights.
6. Is it illegal to emulate old Pokémon games? Emulators themselves are legal, but downloading and sharing copyrighted ROMs is illegal, though there’s a gray area regarding fair use for personal backups of games you own.

Company Policies

7. Is Sega OK with fan games? Sega has shown a more lenient stance towards fan games, as long as they are not sold for profit, but this can change, and permission is always recommended.
8. Why does Nintendo hate ROMs? Nintendo views ROMs as illegal copies of their games and believes their distribution hurts their goodwill and violates their copyrights.
9. Has Nintendo sued anyone over ROMs? While Nintendo has sued individuals and groups over piracy and copyright infringement, including those involved in ROM distribution, it typically targets large-scale offenders.

Legal Precedents and Practices

10. Can a game developer sue you for cheating? Yes, game developers can and have sued individuals for cheating or selling cheats, as it violates their terms of service and harms the gaming community.
11. Are fake Pokémon games illegal? Selling fake Pokémon games is illegal as it involves counterfeiting and copyright infringement, and platforms like eBay prohibit the sale of such items.
12. Has anyone gone to jail for downloading ROMs? While downloading ROMs is technically illegal, there have been no reported cases of individuals going to jail solely for this offense, though sites hosting ROMs have been shut down.

Creating and Selling Fan Content

13. Can I draw Pokémon and sell them? Drawing Pokémon for personal use is generally okay, but selling them without permission from the copyright owners is a violation of copyright law.
14. Does Disney allow fan art? While Disney might tolerate fan art for personal use, selling fan art or merchandise without a license is considered copyright infringement.
15. Can I sell Harry Potter inspired items? Selling Harry Potter inspired items without permission from J.K. Rowling or Warner Bros. is a copyright and trademark infringement, and such items are not allowed on platforms like eBay.