using made series in your games?

hard to explain but my question is mainly that ihave seen people make rpg games using dbz ff simpsons pokemon devil may cry resident evil ect ect.

my main question is how do their get round copyright or are allowed to make these games does it go on all art being drawn by them? Or do you need permission from the big head honcho make rof the series?

i want to use a series to make a game as feel you can get better subject matter that people like but dont weant a law suit.

anyone experianced got any info for stuff like this?

hope its explained well enough

You have to get permission. It's as simple as that. Without permission, the holder of the property can sue you for damages, or at minimum file a cease and desist against you.

cool thought that would be case just so many out and about thought might be some strange loophole people found much appricated for quick response

No loophole, the problem is that the copyright holder needs to know of the infringment and then pay his lawyers to sue you (which usually doesn't get any money back if it was done by a kiddy without money).
So they only do this if some game becomes popular or widely known.

no loopholes have been found because there arent any its just people make fangames because why not but it's not legal and some companies hunt and take down fanmade games while others dont as long as theyre not commercial but you will have to find out which company reacts how by yourself
hopefully you can understand that, I just wanted to try to answer with no punctuation since you wrote the last post without any :p

The closest to a loophole is fair use, but people often misunderstand it and misuse it. From what I've read, fair use only covers the following:

1: Use in a parody but not primary use (so you could probably reference an FF game to make a joke about it)
2: Use for educational purposes (learning software, teaching, etc). Even use for teaching might not cover use of IP's though.
3: Use for review purposes (aka showing screenshots as you review a game).

And even then, those might not be 100% accurate, so if you wish to be safe and want to use an IP in one of those three ways probably still best to get permission or check with an official lawyer.

Fair use is only applicable in the USA. Outside of it we don't have it written as a law, although it definitely makes sense.

@Poryg most countries have fair use laws, they usually just have different rules, wordings and handlings.

It's really like writing fanfic. You can do it, and you most likely won't get sued if you aren't doing it for money.

I say go ahead and do it if all you're looking for is personal satisfaction and not commercial gain. The worst that'll probably happen is that the copyright holder will ask you to remove it if they have a problem with it.

I mean, does anyone here know of a real life case where a fanfic or fangame creator who was successfully sued and had to pay damages? A real life example might be the best illustration of what could happen.

Again, nobody here (at least not that I know of) is a lawyer and none of this is official legal advice.

I use ripped resources in my game. Sometimes you stumble upon copyrighted material that is too suitable not to use. My own rationale is that it's ultimately for a personal project and nothing more. I do respect the creators of said materials and always give them credit, as well as acknowledge that any demands for strike will be met immediately.

This, of course, only goes for established "series" as you put it, or works that have already made such a large profit that copyright infringement is near negligible--with limits. As for material creators on this site among others who sell their works and need every cent they can get, that's a no-go. If I can directly support content creators, I will, though that's hard to do for, say, Yasunori Mitsuda or the composer of the Atelier series.

But yeah, TL;DR, I think we've all had dreams of Uematsu composing our games. As long as it's kept personal and without monetary/impersonation goals, it's alright.

@watermark -- The creator of Pokemon Uranium, a fan game made with XP, got copyright striked and was forced to pay some extent of damages because his game became so popular. So yes, it does happen and it is something to be vigilant of.