Is it legal to remake an old game?
You can legally remake an old game only if you own its rights or get permission from whoever does. Even decades-old games are still protected by copyright — in the US, for many decades after release — and their names and characters are often trademarks. What you can do freely is make a new, original game inspired by the old one, because game mechanics and general ideas aren't protected by copyright.
What is protected
- Code of the original game.
- Art, music, sound, story and text.
- Characters and their designs.
- Titles and logos, often registered as trademarks.
"Abandonware" — a game no longer sold — is still copyrighted. A company not selling a game doesn't give anyone else the right to copy it.
What is generally not protected
- Gameplay mechanics and rules (for example, falling-block puzzles or a cover-shooter system).
- Genres and general ideas.
- Your own original art, code and story built on similar ideas.
That's why "spiritual successors" are common and legal, as long as they don't copy protected material.
Fan remakes
Fan remakes that reuse names, characters or assets usually exist only because the rights holder tolerates them. Companies can and do send takedown notices — Nintendo, for example, shut down the fan remake AM2R (Another Metroid 2 Remake) in 2016. Releasing for free doesn't make it legal.
How official remakes happen
A studio buys or licenses the rights, or the original publisher does the remake itself. Examples include the Resident Evil 2 and 4 remakes by Capcom and the Final Fantasy VII Remake series by Square Enix.
Remake vs. remaster
- Remaster: the original game with improved resolution, textures, performance and sometimes small fixes.
- Remake: the game rebuilt largely from scratch, often in a new engine, with new graphics and sometimes changed gameplay.
FAQ
Is it illegal to emulate a game if you own it?
Emulators themselves are legal in the US. Downloading a game file (ROM) from the internet is generally copyright infringement even if you own the cartridge; making your own copy is a legal gray area.
Can you be sued for making a fan game?
Yes, if it uses copyrighted material or trademarks without permission. In practice most companies start with a takedown request.
Are remasters better than the original?
Often they're more convenient to play, but some lose details or atmosphere of the original. It depends on the project.
What is the point of remastering a game?
To bring an older game to new hardware and new players with better visuals and performance.