Hi David, is it possible that the IP you want to remake is Abandon ware at this stage? So technically no one owns it?[/quote:5a7e88dec7]
No it isn’t possible because this term has no basis in law. If the company is dead then the IP has reverted to the author or been bought as part of the assets by another company. Just because they aren’t currently exploiting it doesn’t mean they won’t in the future. Alternatively they may have made the decision that they don’t want it exploited….. or maybe they just forgot about it. – However, even in that last event, just being a fan doesn’t give you rights over someone else’s IP. As the company in question is Eidos, who are currently still alive you need to tread with caution. Like others I suggest you do that game but with a view to having to revamp all the art/story if Eidos refuse permission.
As for why companies refuse permission? The simple answer is money. Big publishers like Eidos, EA, Ubi, Nintendo etc have large offices and staff and as such they cost a lot of money to run. That means that every project that gets approved must earn a minimum Return On Investment (ROI) – enough to pay its shares of the companies costs or else it isn’t worth doing. Every game involves Producers, Accountants, Manager and Lawyers, office costs etc…. it all adds up.
So, unless the business case you propose is going to make them enough money to cover all those costs they will just say no. Because it is old it they may believe it wont generate a high enough return for them to publish it and they won’t license to a small indie because they couldn’t afford to pay enough to even cover the publisher’s legal costs.
Some publishers do allow fan projects (the Kings Quest game mentioned earlier) but many don’t so be prepared for a rejection.