So there are a few Club Penguin clones out there that are totally legal and use assets from the original game such as Club Penguin Rewritten. I am kinda a fan of Club Penguin so I kinda want to make a 3D Club Penguin game on Roblox. Almost all the assets would be made by me (except maybe some 2D art from the original). Since Disney shut down the original game, I want to bring it back to life in a fresh new style while still preserving the dev’s original ideas and maybe even add features it didn’t originally have. I can think of so many cool things I could do with it. I probably will mostly base the gameplay of off the original, not Club Penguin Island but the art style will be more similar to Club Penguin Island. I am pretty sure that this is legal or at least that Disney wouldn’t care since they shut it down and because Club Penguin Rewritten and others are doing it with no trouble. I would love to know y’alls thoughts on this and what I could do to make it the best it can be and also any new stuff you think I could add that the original didn’t have✌️
edit:
i have decided not to do this but to just make a game inspired by club penguin with mostly unique stuff
just dont do anything that has trademarks and copyrights or anything that can get you DCMA’d and your good to go, and actually if Disney still has the Trademarks and everything active they will.
The other recreations of Club Penguin aren’t exactly legal, Disney has just not taken action against them (though we’ve seen Club Penguin remakes DMCA’d in the past by Disney due to other illegal activities). The only reason some of them have continued to exist is through the promise of not monetizing or accepting donations for any reason pertaining to the game. Since Roblox’s premium payouts system exists and is currently impossible to opt out of, you would instantly be setting yourself up for legal trouble by remaking Club Penguin on Roblox by earning robux from those payouts. Even without premium payouts, it’s still far more risk than it’s worth—I wouldn’t get too attached to the idea because it’s just not legally feasible in any way.
It is, actually, if he has the imagination to rebrand everything he can keep the idea completely. He just can’t legally use anything that Disney still has Trademarked, they are not legally allowed to trademark the usage of the penguins.(to my knowledge) therefore if he just looked up worldwide Trademarks and everything like that too see what is legal and what is not he can rebrand what is not and still create the game.
The OP expressed interest in remaking Disney’s Club Penguin in Roblox and intends to use assets from the original game, no one here is discussing a complete rebrand
If what you’re saying is true and Club Penguin Rewritten is driving profits through ads and a future paid membership then I wouldn’t expect it to be a good example for your idea because it likely won’t exist for much longer; Disney takes their IP very seriously
If they’re derivative of a trademark then they wouldn’t belong to you even if you made them yourself
They still are well within their rights to issue a takedown and have a history of doing it to Club Penguin remakes in the past
With that last part being said, you can still go forward with it if you truly think they won’t do anything about your game but you have to consider that the months of work you’d potentially be putting into it can be gone in an instant at Disney’s sole discretion (especially with Roblox’s meteoric rise in popularity as a gaming platform)
When yes it is true Disney is rightfully protective with their trademark, and to copy Club Penguin one-for-one or use its assets will lead to legal action. That’s no reason to completely abandon your passion to create, why not just turn it into your own thing that has a similar aesthetic, starting concept? And over time it’ll flourish into a fully original thing with its own community, as is basically most ideas in our human history. Play it safe but don’t be discouraged from the drive to create, your passion.
Get what you liked most, what gave the most memories, then add where you think it was lacking, and what world you want to create, what you would do, and what you’d want with your own entity, not Disney('s). (who didn’t realize what they had in my opinion and killed theirs anyway.)
I feel like this isn’t exactly the right mindset to have when making a post asking for what you should do when it comes to making a game strikingly familiar to one that once did exist.
One important element to remember is, just because a game was given up on, or was deleted, doesn’t mean that it’s automatically okay to make a recreation all you want, or even use the original name. It’s still intellectual property, and can get you in serious trouble if taken, or remade in a sense.
I’m not a lawyer, but I’m sure this would end badly if you took any assets from disney or used the name “Club Penguin” anywhere on your game.
Strive to put your own originality into it, and you should be fine. It’s still like treading on thin ice, so be careful.
(Not trying to completely diminish your entire goal here or drive to recreate the game, go right on ahead, just trying to reassure you that there is literally no way around getting struck by the corporate L in terms of legal property being retaken due to the sole reason of something “being given up on”)
Would be interesting to see how you would pull it off though.
Okie. Thanksッ I’m no longer using the Club Penguin brand for it. You guys are right. I don’t want it to all get deleted and I do want to monetize it so ya… probably would end pretty badly
That’s fine, no worries, and I understand, I’ll correct myself. Apologizes.
Basically what I mean is transfer that same passion into creating something unique that starts
inspired by it, but ultimately as it grows it, like a developing child, with care will be able to
stand on its own independent, but not in disdain, of its roots. Basically, I mean this though:
