Legality of remaking a game from a defunct company

Question

Ive been a head from a now defunct company under someone else. And I directed coded and produced a game that reached around 99% completion but was never completed. I was wondering if its legal to remake the game or clone it with a different theme. I dont have a contract with the employer but I already prototyped the game before we developed it under the now defunct studio.

Any ideas on how legal is cloning or remaking it?

Also am I able to show of prototype games or footages from the defunct company?

Someone probably owns the IP from that defunct company. I wouldn't touch it. BUT ask a lawyer. — Almo, Jun 29 '18 at 18:58
Yeah but there clones and spiritual successors kickstarters etc in the market which is abit similar to my situation and the idea of gameplay cannot be trademarked ala the flappy bird attack of the clones from years back — Xavier, Jun 29 '18 at 19:24
Ask a lawyer. I'm serious, it's the only smart thing to do. Anything else is just rolling the dice. — Almo, Jun 29 '18 at 19:38
Possible duplicate of How closely can a game legally resemble another? — Philipp, Jun 29 '18 at 19:41
I agree with Almo, copyright/ip law can be a minefield, even if the company doesn't exist anymore. — Sturlen, Jun 29 '18 at 19:43
For an example just how difficult it can be to determine the legal situation of a game made by a defunct company, check this article about the legal quagmire No One Lives Forever has sunk into — Philipp, Jun 29 '18 at 19:47
I'm voting to close this question as off-topic because it's asking for legal advice. — Vaillancourt, Jun 30 '18 at 01:42

score 0 · Answer 1 · answered Jun 29 '18 at 20:48

Disclaimer: I am not a lawyer & this is not legal advice.

The existence of clones doesn't make cloning legal. Whether or not some other IP holder choose to litigate their imitators has no bearing on whether or not the IP holder you might be infringing upon will choose to litigate you.

Since the question of how closely can a game legally resemble another has already been addressed, the remaining issue is whether or not having worked on the game grants you use of the IP.

Ownership of creative work depends on legal jurisdiction & any binding contracts that might be in place. under US copyright law, the designer automatically owns all rights to the work they do, with the following exceptions:

When work is created by an employee in the course of employment, the employer owns the copyright.
When work is created by an independent contractor and the independent contractor signs a written agreement stating that the work shall be "made for hire", the entity commissioning the work owns the copyright if the work it falls under certain categories. The categories in question include audiovisual works, which I believe would include games.
If the creator has sold the entire copyright, the purchasing business or person becomes the copyright owner.

If you want legal advice as to which parts of this are applicable to your specific case, you should consult a lawyer versed in copyright, preferable one with experience in the games industry.

Legality of remaking a game from a defunct company

1 Answers1