Rules regarding Making Games with other Assets

[FinalCloud]

habisain Jesus Thanks for your advice, obviously if I thought speaking to the original author would always be viable, I would not have needed to ask the question, if I got direct permission from the copyright owner I obviously have no issue. Jesus I would not be replacing the artwork later, it is the whole point really, as I do not know Japanese (I am currently learning tho), cannot draw to save my life, and would like to write my own scenario. This is the best/only way I can think of to make some of the great art in some games that will never be translated playable for English speakers. I would not be doing this for profit, and as I said, I cannot draw to save my life so the only way to ever replace assets would be to hire an artist, cant afford to do that =P

 

[Nimrod]

Being defensive about all the things you can't do is an issue, it shows a mindset that is more willing to focus on the dimensions and complexity of the obstacles, rather than curious to find ways to remove or bypass them.
Here's the answer to the question you obviously thought you would not have needed to ask.
Talking to people is always viable, there are countless tools to achieve a generally decent level of understanding, if both parties are actually trying, and if that fails there are people everywhere willing to help mediate for free if you ask politely.

 

[omp1234]

I fear this is an opinion not backed up by fact, no matter how much I would like it to be.

You must be registered to see the links

. However, the most pertinent precedent set that is referenced there is Micro Star v. FormGen (

You must be registered to see the links

) (

You must be registered to see the links

) which found that user created map files for Duke Nukem 3D were copyright infringing - despite the mod not containing any copyrighted assets itself. Hence current precedent is that mods, even if they contain none of the original source material, are indeed illegal.

Hence it all will come down to whether or not the author is willing to put the effort into enforcement (knowing that damages are unlikely to be found), if they just settle for doing DMCA, cease/desist, or if they agree to the use (explicitly or implicitly). In the end, talking to the author is the best way of figuring things out.

"Micro Star collected 300 of these user-generated levels, packaged them onto a CD, and sold it commercially as Nuke It (N/I)."

They sold it commercially. Reverse-engineering an engine and selling compatible extensions under the guise of an officially licensed content pack for profit is NOT what I described to be legal, which was the FREE distribution of game-compatible files in the form of mods. You misread your own evidence, and my point still stands.

OP, you're safe to proceed.