Hypothetically speaking if an individual made a nonprofit spinoff game based of another popular IP with a disclaimer in the begining and credit given in the end credits. Would this be legal?
Depends what country your in. Many countries have specific laws pertaining to the creation and distribution of parody and fan works.
For the US, look into Fair Use (https://en.wikipedia.org/wiki/Fair_use). I believe there's are also some laws regarding a content owners responsibility to protect their works legally else they risk losing their copyright(?), and for this reason parody works are often threatened with C&D letters, or DMCA takedown notices in the case of videos.
But like Atticusmars said, this isn't really the best place to ask for legal advise. I'd recommend you try calling law firms specializing in IP and Copyright, see what they have to say.
If you make any kind of product that is based on an existing IP, for profit or not there is a extremely good chance it will be shut down. IP owners want to protect the products they spent time creating and not allow others to profit or possibly hurt said IP.
Even when done with the best intentions your vision of a IP is not the vision of the original creators. A single piece of fan art usually is ok and most are cool with it. But when its a full on game, even some fan films from what friends have told me have gotten shut down or massive pushback.
Its best to just make up your own original idea. Even if they are based entirely off an existing IP with different names/looks.
I believe there's are also some laws regarding a content owners responsibility to protect their works legally else they risk losing their copyright(?)
That's trademarks. Rights holders are free to selectively enforce copyright, which is why you'll see stuff like Star Wars mods for games.
OP, as a practical matter, there's virtually no chance that you'll get sued for a non-commercial fan work. There is, however, a very real chance you'll be required to remove the project from the internet.
Nope It's going to be shut down, ever since Aliens Quake in '94. I've been telling people for 22 years not to do this but nobody listens and then gets all butthurt when the they get the cease and desist letter.
IANAL but yeah....it's not legal, at least in the USA. And no, it's not protected under parody unless you're *actually* making a parody (like Mad Magazine style--it has to be pretty obviously a parody, and there's a fine line there).
You're not likely to be sued however, unless you: 1: made some money off of this, 2: were previously very wealthy, or 3: you gain a large following for your work. First step would be a cease and desist. If you never took down the work or ignored the cease and desist then the brand holder could start the process of suing, perhaps using you as an example if you had gotten popular OR, more likely, they would likely go after the next person in line who actually DOES have money they could sue for--perhaps your web host, or art station, or Steam/Itch.io/etc. for hosting the infringing work. Your work would be removed from the server by the end of the day, almost certainly.
There's only one possible good end to this: you happened to pick the an IP where the owner isn't as protective of their brand and they decide to let you have a go with it. The only time I can think of that happening offhand is with the Half-Life Black Mesa remake. But valve is a very, very unique company, when it comes to their brands,and they see community interaction as value. Most companies are still stuck with a more 20th century mentality...so, yeah...beware.
if its for non profit, release it as a torrent or some other shady piraty thingy. if you get a cease and desist, you can just say you are not the one distributing it.
But the amount of effort the companies need to put into chasing all fanwork is too large for them to put in any effort beyond cease and desist letters. That is why fanwork still exists. Also, certain companies are much more gentle and friendly with their
fans than others. For example, the Star Wars and Star Trek fandoms.
The primary reason why you would want to engage in creating fanwork is because it is for the enjoyment of you and your friends. Do not do it for any other reason, and definitely don't advertise the game.
Replies
For the US, look into Fair Use (https://en.wikipedia.org/wiki/Fair_use). I believe there's are also some laws regarding a content owners responsibility to protect their works legally else they risk losing their copyright(?), and for this reason parody works are often threatened with C&D letters, or DMCA takedown notices in the case of videos.
But like Atticusmars said, this isn't really the best place to ask for legal advise. I'd recommend you try calling law firms specializing in IP and Copyright, see what they have to say.
Even when done with the best intentions your vision of a IP is not the vision of the original creators. A single piece of fan art usually is ok and most are cool with it. But when its a full on game, even some fan films from what friends have told me have gotten shut down or massive pushback.
Its best to just make up your own original idea. Even if they are based entirely off an existing IP with different names/looks.
Would it fall under Parody Law?
OP, as a practical matter, there's virtually no chance that you'll get sued for a non-commercial fan work. There is, however, a very real chance you'll be required to remove the project from the internet.
You're not likely to be sued however, unless you: 1: made some money off of this, 2: were previously very wealthy, or 3: you gain a large following for your work. First step would be a cease and desist. If you never took down the work or ignored the cease and desist then the brand holder could start the process of suing, perhaps using you as an example if you had gotten popular OR, more likely, they would likely go after the next person in line who actually DOES have money they could sue for--perhaps your web host, or art station, or Steam/Itch.io/etc. for hosting the infringing work. Your work would be removed from the server by the end of the day, almost certainly.
There's only one possible good end to this: you happened to pick the an IP where the owner isn't as protective of their brand and they decide to let you have a go with it. The only time I can think of that happening offhand is with the Half-Life Black Mesa remake. But valve is a very, very unique company, when it comes to their brands,and they see community interaction as value. Most companies are still stuck with a more 20th century mentality...so, yeah...beware.
http://www.copyright.gov/circs/circ14.pdf
But the amount of effort the companies need to put into chasing all fanwork is too large for them to put in any effort beyond cease and desist letters. That is why fanwork still exists. Also, certain companies are much more gentle and friendly with their fans than others. For example, the Star Wars and Star Trek fandoms.
The primary reason why you would want to engage in creating fanwork is because it is for the enjoyment of you and your friends. Do not do it for any other reason, and definitely don't advertise the game.