My own Amnesia?

[Tecega]

Dear Community,

I have one important question because of an idea I got a few months ago.
Is it possible to create an own game or custom story with the title "Amnesia"?
I mean the name is licensed by frictionalgames and I only need this license or rather an "okay" by frictionalgames. Last month I wrote to the support on the official frictionalgames homepage. But til today I got no answer.
So I ask now here and hope to get an answer.

I am sorry for my bad english, I am from Germany.

[Romulator]

If your project will not use the HPL2 Engine, you can use the name Amnesia more or less any way you would like.

If using the HPL2 Engine and Amnesia: The Dark Descent to play your custom story / own game, then you're allowed to:

• Create a Custom Story which can be played through Amnesia with the title "Amnesia" with the HPL2 Engine.
  
• Create a full conversion modification using Amnesia's HPL2 Engine tools.
  
• Edit currently available assets*, for use in your project.
  
• Import and use assets* from Amnesia: A Machine For Pigs and or the Penumbra series.

However, you cannot:

• Take assets* from Amnesia and use them outside of the HPL2 engine in other third party game design software.
  
• Release a commercial project, using the HPL2 engine, with the title "Amnesia" using Amnesia's assets*. That is, do not sell your project.
  
• While we cannot stop you, to avoid copyright and intellectual property laws, avoid using files which you do not have permissions to use.
  
• Include the Amnesia.exe file with your release.

The HPL2 Engine can be found here.

* The term assets here refers to files used by Amnesia, including, but not limited to entities, textures, models, sounds and music.

[Tecega]

If your project will not use the HPL2 Engine, you can use the name Amnesia more or less any way you would like.

If using the HPL2 Engine and Amnesia: The Dark Descent to play your custom story / own game, then you're allowed to:

• Create a Custom Story which can be played through Amnesia with the title "Amnesia" with the HPL2 Engine.
  
• Create a full conversion modification using Amnesia's HPL2 Engine tools.
  
• Edit currently available assets*, for use in your project.
  
• Import and use assets* from Amnesia: A Machine For Pigs and or the Penumbra series.

However, you cannot:

• Take assets* from Amnesia and use them outside of the HPL2 engine in other third party game design software.
  
• Release a commercial project, using the HPL2 engine, with the title "Amnesia" using Amnesia's assets*. That is, do not sell your project.
  
• While we cannot stop you, to avoid copyright and intellectual property laws, avoid using files which you do not have permissions to use.
  
• Include the Amnesia.exe file with your release.

The HPL2 Engine can be found here.

* The term assets here refers to files used by Amnesia, including, but not limited to entities, textures, models, sounds and music.

What if I want to work with the SOMA HPL3 Editor and to use my own objects, just name it Amnesia? Is it allowed to use? And ist it possible to sell for example one project with the title Amnesia?

[Romulator]

You can import models from Amnesia or elsewhere into SOMA's HPL3 engine and name it Amnesia. Keep in mind though, people would be expecting an Amnesia-like game if you did. Try to avoid using any copyrighted assets from other games/creators that you do not have permission to use.

You cannot use the HPL3 engine to make a commercial product.

[Mudbill]

I thought I read somewhere that you were allowed to charge for the download of a mod/custom story but with a warning that it's probably a bad idea since it would drive a lot of people away from it. Any sources on this?

[Romulator]

I thought I read somewhere that you were allowed to charge for the download of a mod/custom story but with a warning that it's probably a bad idea since it would drive a lot of people away from it. Any sources on this?

The problem with that is that if you are using HPL2/HPL3 to distribute a paid product, you're kind of redistributing already paid content that isn't yours. I wouldn't necessarily call it stealing, but it isn't exactly "not stealing" either. While you own the assets and the right to create a custom story or modification, both of these require a base game to be installed (Amnesia: The Dark Descent or SOMA), which is all that should be paid for.

Jens while he was around did post this which deals with YouTube monetization. It defines what Frictional considers to be commercial use. Distributing a mod or creation and expecting profit from it using HPL2/HPL3 and their assets would violate what is considered commercial use based on that definition~

[Mudbill]

Alright. I suppose putting a price on it isn't allowed, but other things like asking for donations or contributions is. Anything optional basically.

[Tecega]

What, if I want to create my own game with an other game engine and with own objects, just name it Amnesia? Can I sell it then?

[Mudbill]

Yes - Frictional does not own the word amnesia. It's a public dictionary word. As long as you don't name your game explicitly Amnesia The Dark Descent, you should be free to name it how you like.

[Tecega]

Yes - Frictional does not own the word amnesia. It's a public dictionary word. As long as you don't name your game explicitly Amnesia The Dark Descent, you should be free to name it how you like.

Okay, thanks! :-)