Dilemma regarding Assets in a Fangame

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#1

Recently, a developer of mine has quit due to controversy, their work was mostly cosmetics in the forms of skins / outfits.

Our fangame is based off the game BEAR* and BEAR (Alpha) by Cheedaman

They have requested their things be entirely removed, while remakes couldn’t be done.

As much as I respect their wishes - I was wondering how this would work since 50% of their Skins are based off of either BEAR* or BEAR (Alpha)

To my knowledge, it should be acceptable to be able to keep the things directly carried over from those games as long as they have been remade.

#2

Who is “they” in this case?

The developer who quit, or the people behind BEAR?

#3

I believe OP is talking about the developer.

As for OP: Did you pay the developer that quitted or not? If you did then you own their things but if you didn’t then they still can’t take back stuff as they LEFT and weren’t FIRED. There is a difference between the two. They left at their own stake and it’s their issue they left, not yours.

#4

Very helpful.
Due to them threatening us with DMCA for our team trying to remake things that aren’t really their property, as stated, the only things our team wants to keep is the things that in this case is the direct remakes from the actual Bear games - our main concern is if he can even withold us from those.

#5

He can’t because you didn’t fire him. Take this example:

You are an employee and you are fine with your boss. You give him all the work and help him with stuff but then you and your boss have some fight and you get tired and just decide to leave.
Now, can you take back all the things you did for your boss? No! You can’t. It’s not possible. UNLESS, The boss gets tired of you and fires YOU. Then you HAVE the right to take compensation for the work you have done.

#6
  • When you create something, you also create IP rights over that creation.
    • Normally, those IP rights become property of the creator.
    • You can enter into an agreement to deviate from this. This is, for example, common in relation to employment. Employment contracts will often have a clause stating something like “all works created during the employment will be property of the employer”
  • Just because the work is derivative of another work, doesn’t mean there isn’t a new creation. Even if the work was made by stealing someone else’s work, the only party who would have an action against the creator would be the IP holder of the stolen work. Not you.

So the question is: what did you agree to? If you didn’t make a formal agreement (contract) then there’s still informal agreements.

But it seems to me that you probably didn’t

#7

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