Our new NES project (and a question)

[gorghAgenda]

Hi folks,
Firstable I would like to say, that I admire your work and programs. I've never been involved in NES coding until earlier this year, when I decided to create some game for it.
The engine is almost ready, the game just lacks proper background graphics.
Here's a short video showing gameplay:
https://www.youtube.com/watch?v=vqaYSUivpaA
I wish to release the game on physical cartridge, but my friend said it's not fully legal to sell NES games, so I have doubts if I will be ever able to do so, so the project is on hold until I sort that out.
I've read that special chip on cartidge is copyrighted. So therefore I've got a question for you:
Is it safe to release commercial games for NES? Won't my publisher (Retronics) have problems with Nintendo in the future? I don't want to risk losing money
Thanks and take care,
gorgh/Agenda

[vnsbr]

Hey! here it shows the video has been removed by the uploader

Is it safe to release commercial games for NES? Won't my publisher (Retronics) have problems with Nintendo in the future? I don't want to risk losing money

so far i am aware of zero issues regarding this, unless you use copyrighted materials?

[gorghAgenda]

now the video is back, I had legal issues because of background music
No illegal stuff in the game whatsoever.

[DRW]

Looks very nice so far.

Selling NES games is totally legal. Nintendo doesn't have a monopoly on the creation of NES games.

Just make sure that you don't use copyrighted stuff, including the Nintendo Seal of Quality, Nintendo's company logo etc. or any characters or names invented by Nintendo or any other company.

Don't claim your game is licensed by Nintendo.

And, as a precaution, don't imitate their art style (for example the pixelated black box look) and don't use that black-yellow "Action Series" logo on your cartridge.
Many homebrewers copy that style to look "genuine" or "authentic". But that's bullshit. Did Konami use that style? Did Capcom? No. Hence, if a third party developer copies that style, it is not genuine or authentic because that was not a general NES style, but specifically the "made by Nintendo itself, early generation" style. Likewise, "silver border with vertical lines that become slimmer" is specifically Konami style, not "generic third party developer" style.

[Ben Boldt]

Would you technically have to use a different cartridge design as well? I see a lot (if not all) modern homebrews use an exact mold of a Nintendo cart. Tengen, Camerica, Colour Dreams, American Video Entertainment: they all had their own styled cartridges. Seems like a risky choice to use Nintendo's design.

[DRW]

As far as I know, the patent on the cartridge design has expired or was never approved or something like that.

[tepples]

A U.S. patent on ornamental nonfunctional design of a product expires 15 years after issue. Apart from Morocco, no country on this list grants exclusive rights in industrial design that subsist more than 25 years.

[Ben Boldt]

Nice! I had no idea. That is good to hear that. How about copyright, could that apply to the cartridge plastics?

[gorghAgenda]

thanks for your comments folks, I'll speak about it with my publisher

[Goose2k]

Game looks super unique. Nice work!

[gorghAgenda]

thanks mate, I appreciate it!

[dink]

Looks like a fun run 'n gun, my favorite type of game. curious, what made you go with the penis shaped wall-turrets?

[gorghAgenda]

It wasn't a consious choice, maybe mr Freud could say something about it, but it's not neccessary for those sprites te resemble penis, so I'll probably change it