NESmaker Publishing (from The New 8bitHeroes)
In this post, I want to discuss all of the ins and outs and considerations in publishing games created using NESmaker. This includes making physical copies to sell, crowdfunding, and general distribution. Let’s break it down into legal concerns, ethical concerns, and best practices.LEGAL:
Let’s start with the legal ramifications, as that is the first question many people ask.
1) By purchasing a license for NESmaker, you are granted permission to use and edit the code base to create your own NES games for both personal and commercial projects. You have the license to use the code base provided by us, as well as the code provided by other contributors that is packaged with the download.
2) You may not re-sell raw code or assets that are packaged with NESmaker, or edits of that code or those assets.
3) You may not use graphic or sound assets that are packaged with NESmaker tutorial assets for commercial purposes. They are for learning and personal use only. Unless otherwise explicitly specified, make sure that you are creating your own creative property with your own graphics and sound assets.
4) You may not use NESmaker to create games for IPs that you do not explicitly own the legal rights to, in writing. That includes fan games for personal or educational use. The simple rule of thumb - did you create it? No? Do you have in writing the permissions to use it? No? Is it public domain? No? Then please find a different idea.
ETHICAL CONCERNS:
This is a much bigger gray area, and truly what I think most people are asking about. For instance...
1) you are under no legal obligation to announce that your product was created with NESmaker, however we hope you are proud of that fact, and it would be unethical to explicitly claim otherwise. By crediting NESmaker, you are implicitly crediting the programmers and developers that worked on the product as having helped with programming for your game, and by proxy, those who have licensed the NESmaker team and all users moving forward to utilize their hard work in the underlying engine. We never require a watermark or any branding on any work or promotional material you create using NESmaker. However, we do appreciate credit being given where applicable.
2) You are under no legal obligation to share your code updates, bug fixes, alterations, methods, modules, cores, or scripts with the community, however we hope you realize that by sharing these you help the community grow and drive the capability of what can be done with NESmaker. In the end, helping others create better games just yields better games, it doesn’t detract from your own. And, for what it’s worth, much of the foundation you’re likely using was created by us and shared with you, preventing you from having to do years of R&D. We hope you pay it forward, and do the same for the community when you figure out how to do something cool.
3) You are under no legal obligation to pay any royalties to the NESmaker team for projects you create with NESmaker if you are acting as your own distributor (if we have not been involved in any way with your method of distribution). At this point, that is everyone, because we are not distributing or publishing games. However, I selfishly feel it would be ethical for you to buy me a frosty libation with the spoils of your victory if we’re ever in the same town! In all seriousness, you are under no legal obligation, but we hope that with the money you save by not having to pay us royalties of this kind, you support other developers, and that you support future components of this project. If the point is more awesome NES games, your help as part of this community is invaluable in this way.
(By The New 8bitHeroes)
Source: https://www.tumblr.com/thenew8bitheroes/184948012074/nesmaker-publishing