Is it legal to make a free iteration of a mario bros game? - Questions & Support (2024)

It's a little bit complicated. You cannot patent a type of game. In other words, Nintendo does not own all platform or runner games, but if you make a game that is identical to another, then it is a copy.

You can make a game similar to Mario, and it's 100% legal, but you can't make a game identical to Mario because it would be an illegal copy.

You can't use Mario or use the Mario Bross graphics, because both are protected content, no matter how much you change the level design.

If you can design your own character, it can be inspired by Mario, but it shouldn't be the same. You can use similar graphics, but not the same or too similar.

That line is blurred, there is no exact value and it is difficult to define it in words, but if you make your own game, with your own graphics even if it looks a bit like Mario, it is your game and not Nintendo's and it would be 100% legal.

A fangame, even though it's illegal, it's very difficult for you to get into trouble, as I said before, some companies don't have a problem with fangames, but others do.

If you make a free mario fangame, 2 things can happen.

That Nintendo never notices your game or if they do notice that they don't bother to do anything.

The other thing that can happen is that they get annoyed and send a DMC to Itch to close your game or they send you a C&D card so that you can close the game yourself. It's not in trouble, they just "friendly" asked you to close the game.

Normally a lawsuit in court is something complex and expensive, and they don't do it for a free fangame.

If you want to make a fangame, you can, but you must be clear that it's not really your game.

If you make a fangame and nintendo comes to itch and requests that they shut it down, you have nothing to do, those are the risks of making a fangame, but that you are going to get in trouble with the police or a trial in court, it is something very , very, very unlikely.

Is it legal to make a free iteration of a mario bros game? - Questions & Support (2024)

FAQs

Is it legal to make a free iteration of a mario bros game? - Questions & Support? ›

Yes, Mario is still under Nintendo's ironclad copyright protection.

Is Super Mario Bros. still under copyright? ›

Yes, Mario is still under Nintendo's ironclad copyright protection.

Can Mario enter public domain? ›

In the US, copyright laws are life of the author plus 70 years, or 95 years after the date of publication. Since Nintendo owns the copyrights to the Mario games, the copyrights for the original Donkey Kong game won't enter public domain until 2077.

Is the image of Mario copyrighted? ›

Super Mario Bros. was released in 1985, and has since been under copyright. In the case of a corporation such as Nintendo, the term of copyright is for the shorter of 120 years from creation or 95 years from publication. In this instance, Nintendo hold copyright over the game, and therefore Mario himself, until 2080.

Is Super Mario Bros. trademarked? ›

Some of Nintendo's most widely recognised trademarks include Nintendo®, Nintendo 3DS™, Nintendo Switch™, Nintendo Labo™, amiibo™, Game Boy™, Pokémon™, Super Mario™, and The Legend of Zelda™.

How do I get copyright permission from Nintendo? ›

Can I Write in and Request Permission? Nintendo does not grant permission to individuals to use any content from this website. Because we receive thousands of such requests, our policy is to decline use of our trademarks and copyrights.

Can video games enter public domain? ›

Once video game copyright protection expires, the game becomes part of the public domain, which means that anyone can use, distribute, or copy the game without permission.

Can I use Mario in my game? ›

Unless you own the copyright or are licensed to (expressed written consent) use trademarked characters (such as Superman or Mario), then you do not have permission to reproduce their likeness (including source material and resulting derivative art) in any media (like wall graphics).

Who owns the copyright to Mario? ›

Mario (franchise)
Mario
Created byShigeru Miyamoto
Original workDonkey Kong (1981)
OwnerNintendo
Years1981–present
18 more rows

Do Mario games have anti piracy? ›

Anti-piracy software, a source code feature in the Mario series, is an anti-virus screen against piracy and illegal game copy.

What year will Mario be public domain? ›

If you want a reason to live, remember that Super Mario himself will enter the public domain in 2082.

Does Disney own rights to Mario? ›

No, Mario is not owned by Disney. Mario is a popular video game character created by Nintendo, a Japanese video game company. Nintendo has exclusive ownership rights to the Mario franchise, including the character, games, and related intellectual property.

Is Let's Play copyrighted? ›

Despite the genre's popularity, there is a lack of litigation on whether Let's Play videos fall within fair use. It is up to the discretion of a copyright holder to issue a strike against the unauthorized use of their content.

What is Mario's legal name? ›

Two months after Iwata's death in July 2015, Miyamoto changed his stance, asserting at the Super Mario Bros. 30th Anniversary festival that Mario's full name was indeed "Mario Mario".

Did Nintendo sue Mario's name? ›

Nintendo Sues Man Named Mario | TikTok. Mario's name was changed by the developer Minoru Arakawa after his landlord (Mario A. Segale) scolded him in front of his #Nintendo team in a warehouse in Tukwila, WA about their rent.

Are Nintendo games copyrighted? ›

There are several different types of copyright which are associated with Nintendo's products. These include copyright in Nintendo's video games themselves, computer software, game visual display, game music, game characters, product packaging, game manuals and labels, hardware chip microcode, artwork and publications.

Who owns the rights to Mario Brothers? ›

Mario (franchise)
Mario
The emblem on Mario's hat is iconic in the Mario franchise.
Created byShigeru Miyamoto
Original workDonkey Kong (1981)
OwnerNintendo
18 more rows

Is Nintendo strict with copyright? ›

Video game piracy is illegal. Nintendo opposes those who benefit and trade off the creative work of game developers, artists, animators, musicians, motion capture artists and others.

Will Nintendo characters become public domain? ›

Generally, characters like Mario are protected under copyright law for the lifetime of the creator plus an additional 70 years.

Is Nintendo in the public domain? ›

The Nintendo brand and Nintendo products are protected by intellectual property laws. This includes the name Nintendo, logos, characters, product names, games, graphics and website and marketing content.

References

Top Articles
Latest Posts
Article information

Author: Jerrold Considine

Last Updated:

Views: 6077

Rating: 4.8 / 5 (78 voted)

Reviews: 85% of readers found this page helpful

Author information

Name: Jerrold Considine

Birthday: 1993-11-03

Address: Suite 447 3463 Marybelle Circles, New Marlin, AL 20765

Phone: +5816749283868

Job: Sales Executive

Hobby: Air sports, Sand art, Electronics, LARPing, Baseball, Book restoration, Puzzles

Introduction: My name is Jerrold Considine, I am a combative, cheerful, encouraging, happy, enthusiastic, funny, kind person who loves writing and wants to share my knowledge and understanding with you.