If I am to be completely honest, you are treading a very grey line. I wouldn't be surprised for you to get a lawsuit from the creators of Flappy Bird. In order for you to use Fair Use you have to admit copyright infringement. Then it also becomes your burden to prove how and why this is a parody. Your game is so similar to their game in almost every aspect other than having other monsters in it. I honestly think you would have a difficult time proving it as a parody and not just infringement, but I'm not an IP lawyer so who is to say.
Also, are those bullets and plants direct copies from Mario? To attempt to parody Flappy Bird is one thing, but to use art so similar to Mario is really pushing your luck. Could result in 2 separate lawsuits.
This would likely be the case yours would be compared to:
"In 2007, the 9th Circuit Court of Appeals denied a fair use defense in the Dr. Seuss Enterprises v. Penguin Books case. Citing the Campbell v. Acuff-Rose decision, they found that a satire of the O.J. Simpson murder trial and parody of The Cat in the Hat had infringed upon the children's book because it did not provide a commentary function upon that work." - http://en.wikipedia.org/wiki/Parody
I'm not trying to tell you this to rain on your parade. Looks like a cool game, but I am giving you some warning because you may be in some hot water. Especially if they notice you start profiting or stealing away their customers.
Yes, it's a good point and I'm working on a different version that only features my completely new designs which cannot be mistaken for a copy and a new character which isn't a bird. It will still be a parody app but not mistakable for a copy. Hopefully that will be able to stay on the store. It's more along the lines of how different Ironpants is, but will parody the original Flappy Bird game in a different way.
For some reason, I thought the preview image showed a more grotesque version of floppy bird with rusty pipes and the bird having googly eyes and a bucktooth.
A good feature in such a parody game would be that the bird has a 30% chance of flying straight into a pipe for no reason and out of the control of the player, making the gameplay entirely luck based.
I've put together a game using one if the available templates found here and it's ready on Google Play. As I've never used MOBCLIX before, can anyone who wants to help out, please download and check to see if I have the banners working. For some reason I can't download my own games. (I might need to create a new google account as a customer)
And as always - please write a review if you take the time to check it out.
Let me know if it's too hard. I'm struggling to get to 10.
Miss a certain bird? Well don't worry as the excellent Flappy McFlappers has come to the rescue! Enjoy this addicting homage to one of the App stores greatest achievements.
Addictive gameplay with NO ANNOYING ADS OR IAP PURCHASES! Pay once, play forever!
Challenging gameplay Beautiful graphics
Yes I have succumbed to the flappy bird craze as a mere experiment to see if this generates anything.... I know some of you guys may not like it due to the numerous amounts of clones already that have popped up but I did this to get "back in the game"....(Hard times have hit but I will save you all my sob story).
Let me know what you think.
Huge props to Jason Nester for such an awesome template.
I like the way you added all the things in but its a little risky as its so similar to Mario graphics. I felt like getting my 8 bit on and totally rethinking the look and created some unique new game features in my app that is similar to flappy bird. It's just out on android, no footage yet, I've not had the time:
I had a few days to wait before some new sounds were created for another app so I spent the time having a crack at creating a flappy bird style game. It features a flying squirrel that dodges palm trees, vines and has to escape turbulent air streams. It's quite hard but good fun. Check it out on android if you have a device. I'll post some footage when its done this weekend.
We've just uploaded our version of Flappy Bird - called erm 'Flappy Birdie' and has been on sale for one day.
This morning, Amazon emailed us regarding IP/copyright infringements. So we challenged it based on the fact that a) our game looks nothing like Flappy Bird and importantly b) Flappy Bird has no IP protection because it hasn't been registered as a copyright - we checked.
We're pleased to say that Amazon have allowed our app to continue. Lesson - don't always be afraid to make a challenge if you have facts before you, just because it's a big company, doesn't mean they are in the right
Like Balls? Then click here! We've 100 coming soon
@jigglybean the graphics he used are like mario though, I doubt amazon would do more than remove your game, they won't sue it would be the game company. Should be interesting so see which games chart well. This will be a coin flip I guess, good luck with sales everyone
@jigglybean - Wow please tell me how you actually get a proper response?! They took my game off without even contacting me! I basically sent the same info you did through their "contact us" form and all I got was the generic "We rule the world and can take off apps at our leisure" from some dude in India. Well done getting yours re-approved! Also I redid a lot of my graphics including the main character and still got my update rejected because they said my game looked like flappy bird. How did you contact them???
@IcedB - Actually in my rejection emails for updates they don't mention Mario at all and only say it looks too much like flappy bird. Besides Nintendo didn't do anything about flappy bird which has graphics from mario and was insanely popular. But yeah it really does seem like a coin toss… I mean "Fartie Bird" is the highest clone on the charts! I'm just upset because I actually won the coin toss first and then Amazon stole and hid the coin.
@Crazybreadman We actually had contact from them first -
Dear George,
Thank you for your recent submission of Flappy Birdie(Kindle fire Edition) (package: com.jigglybeangames.flappybirdie). It requires your immediate attention due to the following reason(s):
We are contacting you regarding an application that you have submitted for sale through the Amazon Mobile App Distribution Program. Protecting intellectual property rights is important to us. Please provide documentation demonstrating that you have the right to use "Flappy Bird " brand name in App metadata(description).. The documentation must be either a confirmation letter from the intellectual property rights holder or a copy of the applicable license.
The application in question is: Flappy Birdie(Kindle fire Edition)
You should submit the documentation via the Contact Us form in the Amazon Mobile App Distribution Portal, found here: https://developer.amazon.com/help/contact-us.html. Please set the Subject field set to "Questions about my application submission" and include your application title and documentation of rights within the form's Message field. If you are submitting an attachment, please send the form and relevant app information to amazon-developer-program@amazon.com.
We appreciate your cooperation and look forward to your response. Thank you.
Best regards, Amazon Apps Team
______
We used the contact us form in the developer section and put our point across, together with links and evidence that we were doing nothing right (just search for copyright searches and use official .gov ones) - and they accepted.
At first we were given a standard response but it was not related to the issue but to 'the developer assignment process' so we asked them to forward our reply to the correct team - they did.
Whilst this was going on, our app wasn't taken off the market.
Like Balls? Then click here! We've 100 coming soon
@jigglybean - wow you are very fortunate to have reached someone who actually helped. I tried doing what you did twice (including today) and this is what I got back… P.S.-could you forward me the message you sent to Amazon… maybe I didn't make the case as well as you.
Hello Stephen,
Thank you for writing in. We reserve the right to determine the appropriateness of all apps and to accept or reject any app at our discretion. Due to the high volume of submissions, we cannot address specific areas of concern with our content guidelines. Please do not resubmit these apps or similar apps in the future.
It's happening to googlePlay now as well. My 'FREE' app just got pulled. It was titled "Floppy Fish" and was in the tradition of flappy bird, but all my own art and with a twist on the gameplay.
I got no notice from GooglePlay and the app was suspended and unable to edit. Here is the letter: ----------------------------------------------------------------------
This is a notification that your application, Floppy Fish, with package ID com.tradeapps.floppyfish, has been removed from the Google Play Store.
REASON FOR REMOVAL: Violation of the intellectual property and impersonation or deceptive behavior provisions of the Content Policy. Please refer to the IP infringement and impersonation policy help article for more information.
All violations are tracked. Serious or repeated violations of any nature will result in the termination of your developer account, and investigation and possible termination of related Google accounts. If your account is terminated, payments will cease and Google may recover the proceeds of any past sales and the cost of any associated fees (such as chargebacks and payment transaction fees) from you.
If your developer account is still in good standing, you may revise and upload a policy compliant version of your application as a new package name. Before uploading any new applications, please review the Developer Distribution Agreement and Content Policy.
If you feel we have made this determination in error, you can visit the Google Play Help Center article for additional information regarding this removal.
The Google Play Team ----------------------------------------------------------------------
And after I replied for further information: ----------------------------------------------------------------------
Hi,
Thank you for your note. We have reviewed your appeal and will not be reinstating your app. This decision is final and we will not be responding to any additional emails regarding this removal.
If your account is still in good standing and the nature of your app allows for republishing you may consider releasing a new, policy compliant version of your app to Google Play under a new package name. We are unable to comment further on the specific policy basis for this removal or provide guidance on bringing future versions of your app into policy compliance. Instead, please reference the REASON FOR REMOVAL in the initial notification email from Google Play.
Please note that additional violations may result in a suspension of your Google Play Developer account.
Regards, The Google Play Team
---------------------------------------------------------------------- This letter is very harsh and offending. And left me with nowhere to go. Yes my game was a clone. But you could argue most games are.
I'd just like to know who and how I offended somebody.
Interesting to note that my paid version of the app is still allowed on their store. It's identical to the free version except for color.
@Doguz - I got both of those emails too from GPlay. It is their generic emails to send out and I agree it's harsh. They don't want to help or communicate with devs. It seems a bit extreme how up in arms these stores are about flappy bird inspired games. As far as how they choose ones they pull or leave that is a mystery to me...
@crazybreadman did you manage to get your app out of 'suspended' state? As you know we can't touch the app once it's in this state so we can't alter it. They really have put their foot down.
Yes I agree, there is plenty of the same rip offs still on the store. Even a couple with my own art ripped off. Which makes me fume. Now I know how Dong felt.
Amazon is really not fair, if they don't accept my apps if I call it Flappy Wings why they accept other apps called flappy bird, flappy wings or flappy birdie etc?
Amazon is really not fair, if they don't accept my apps if I call it Flappy Wings why they accept other apps called flappy bird, flappy wings or flappy birdie etc?
Amazon is really not fair, if they don't accept my apps if I call it Flappy Wings why they accept other apps called flappy bird, flappy wings or flappy birdie etc?
Guys, I think it's time to move on now. The whole flappy thing is well and truly over saturated. You're better off putting your time into the next big thing.
I'm having copyright issues to do with graphics on amazon, should this be happening, I recreated all graphics and each actor takes on a totally different object!!!
I'm having copyright issues to do with graphics on amazon, should this be happening, I recreated all graphics and each actor takes on a totally different object!!!
By recreating, do you mean by looking at other designs and recreating it totally copying the style?
I am not sure why you are having issues, you put in an original character, while there a ton of clones out there that just threw a bird into theirs. Maybe it is an Amazon thing, Apple clearly doesn't seem to care.
@WhySoCreative "totally" would imply 100%, take a further look, the engine is different, the graphics are all totally new, so are the sounds, even the 8 bit style is not traditional 8 bit but has my own touch. Stop being a troll!
Comments
or their OBVIOUS rip off of this 2011 copyrighted game: http://www.zanorg.com/prodperso/pioupiou.html
So if they tried to sue this guy for their parody, a few people would have many things to say about it.
However, in agreement, using the Mario art yourself (while I get the joke) is definitely something you should consider un-doing.
A good feature in such a parody game would be that the bird has a 30% chance of flying straight into a pipe for no reason and out of the control of the player, making the gameplay entirely luck based.
I've put together a game using one if the available templates found here and it's ready on Google Play. As I've never used MOBCLIX before, can anyone who wants to help out, please download and check to see if I have the banners working. For some reason I can't download my own games. (I might need to create a new google account as a customer)
And as always - please write a review if you take the time to check it out.
Let me know if it's too hard. I'm struggling to get to 10.
Miss a certain bird? Well don't worry as the excellent Flappy McFlappers has come to the rescue! Enjoy this addicting homage to one of the App stores greatest achievements.
Addictive gameplay with NO ANNOYING ADS OR IAP PURCHASES! Pay once, play forever!
Challenging gameplay
Beautiful graphics
Yes I have succumbed to the flappy bird craze as a mere experiment to see if this generates anything.... I know some of you guys may not like it due to the numerous amounts of clones already that have popped up but I did this to get "back in the game"....(Hard times have hit but I will save you all my sob story).
Let me know what you think.
Huge props to Jason Nester for such an awesome template.
good luck with sales
✮ FREE templates at GSinvention ✮
✮ Available for hire! support@gsinvention.com ✮
https://play.google.com/store/apps/details?id=com.freshtouchmedia.superflappysquirrel
https://play.google.com/store/apps/details?id=com.freshtouchmedia.superflappysquirrel
We've just uploaded our version of Flappy Bird - called erm 'Flappy Birdie' and has been on sale for one day.
This morning, Amazon emailed us regarding IP/copyright infringements. So we challenged it based on the fact that a) our game looks nothing like Flappy Bird and importantly b) Flappy Bird has no IP protection because it hasn't been registered as a copyright - we checked.
We're pleased to say that Amazon have allowed our app to continue. Lesson - don't always be afraid to make a challenge if you have facts before you, just because it's a big company, doesn't mean they are in the right
Like Balls? Then click here! We've 100 coming soon
@IcedB - Actually in my rejection emails for updates they don't mention Mario at all and only say it looks too much like flappy bird. Besides Nintendo didn't do anything about flappy bird which has graphics from mario and was insanely popular. But yeah it really does seem like a coin toss… I mean "Fartie Bird" is the highest clone on the charts! I'm just upset because I actually won the coin toss first and then Amazon stole and hid the coin.
Dear George,
Thank you for your recent submission of Flappy Birdie(Kindle fire Edition) (package: com.jigglybeangames.flappybirdie). It requires your immediate attention due to the following reason(s):
We are contacting you regarding an application that you have submitted for sale through the Amazon Mobile App Distribution Program.
Protecting intellectual property rights is important to us. Please provide documentation demonstrating that you have the right to use "Flappy Bird " brand name in App metadata(description).. The documentation must be either a confirmation letter from the intellectual property rights holder or a copy of the applicable license.
The application in question is: Flappy Birdie(Kindle fire Edition)
You should submit the documentation via the Contact Us form in the Amazon Mobile App Distribution Portal, found here: https://developer.amazon.com/help/contact-us.html. Please set the Subject field set to "Questions about my application submission" and include your application title and documentation of rights within the form's Message field. If you are submitting an attachment, please send the form and relevant app information to amazon-developer-program@amazon.com.
We appreciate your cooperation and look forward to your response. Thank you.
Best regards, Amazon Apps Team
______
We used the contact us form in the developer section and put our point across, together with links and evidence that we were doing nothing right (just search for copyright searches and use official .gov ones) - and they accepted.
At first we were given a standard response but it was not related to the issue but to 'the developer assignment process' so we asked them to forward our reply to the correct team - they did.
Whilst this was going on, our app wasn't taken off the market.
Like Balls? Then click here! We've 100 coming soon
P.S.-could you forward me the message you sent to Amazon… maybe I didn't make the case as well as you.
Hello Stephen,
Thank you for writing in. We reserve the right to determine the appropriateness of all apps and to accept or reject any app at our discretion. Due to the high volume of submissions, we cannot address specific areas of concern with our content guidelines. Please do not resubmit these apps or similar apps in the future.
I got no notice from GooglePlay and the app was suspended and unable to edit. Here is the letter:
----------------------------------------------------------------------
This is a notification that your application, Floppy Fish, with package ID com.tradeapps.floppyfish, has been removed from the Google Play Store.
REASON FOR REMOVAL: Violation of the intellectual property and impersonation or deceptive behavior provisions of the Content Policy. Please refer to the IP infringement and impersonation policy help article for more information.
All violations are tracked. Serious or repeated violations of any nature will result in the termination of your developer account, and investigation and possible termination of related Google accounts. If your account is terminated, payments will cease and Google may recover the proceeds of any past sales and the cost of any associated fees (such as chargebacks and payment transaction fees) from you.
If your developer account is still in good standing, you may revise and upload a policy compliant version of your application as a new package name. Before uploading any new applications, please review the Developer Distribution Agreement and Content Policy.
If you feel we have made this determination in error, you can visit the Google Play Help Center article for additional information regarding this removal.
The Google Play Team
----------------------------------------------------------------------
And after I replied for further information:
----------------------------------------------------------------------
Hi,
Thank you for your note.
We have reviewed your appeal and will not be reinstating your app. This decision is final and we will not be responding to any additional emails regarding this removal.
If your account is still in good standing and the nature of your app allows for republishing you may consider releasing a new, policy compliant version of your app to Google Play under a new package name. We are unable to comment further on the specific policy basis for this removal or provide guidance on bringing future versions of your app into policy compliance. Instead, please reference the REASON FOR REMOVAL in the initial notification email from Google Play.
Please note that additional violations may result in a suspension of your Google Play Developer account.
Regards,
The Google Play Team
----------------------------------------------------------------------
This letter is very harsh and offending. And left me with nowhere to go. Yes my game was a clone. But you could argue most games are.
I'd just like to know who and how I offended somebody.
Interesting to note that my paid version of the app is still allowed on their store. It's identical to the free version except for color.
Yes I agree, there is plenty of the same rip offs still on the store. Even a couple with my own art ripped off. Which makes me fume. Now I know how Dong felt.
Have fun
http://gsaa.gamesalad.com/a4022797-0db1-45d8-a9e7-51369c82f9b3/play.htm?
Good luck with downloads
✮ FREE templates at GSinvention ✮
✮ Available for hire! support@gsinvention.com ✮
Darren.
or other similar flappy bird apps
Amazon is really not fair, if they don't accept my apps if I call it Flappy Wings why they accept other apps called flappy bird, flappy wings or flappy birdie etc?
http://www.amazon.com/WWW-Apps-Flappy-Wings/dp/B00IBQWPS0
Like Balls? Then click here! We've 100 coming soon