Stockton, CA asked in Gaming, Copyright and Intellectual Property for California

Q: If a old video game is now released as freeware can I recreate the game with my own code and assets and release for free

Ide like to recreate an old game (that has been released and can now be legally downloaded for free) using my own created assets and code but release it as fan made freeware for the public as a Hobbie project. Will this violate copyright law?

1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: Creating a new game that is based on an old freeware game, using your own code and assets, could potentially raise copyright issues if the new game is substantially similar to the original. While the original freeware game may be available for free, the underlying copyright in its design and expression might still be protected. It's advisable to consult legal counsel to assess the risk and ensure compliance with copyright law.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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