# Is it legal to remake an old game?

> Only with permission from the rights holder; old games are still under copyright, though you can freely make a new game with similar mechanics.

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.

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https://gamevoyages.com/is-it-legal-to-remake-an-old-game/ · Game Voyage · Checked 2026-10-30