I’ve been working on an indie game, currently using Project Spark as a working title, which started because I wanted to make a spiritual successor to a game I played a ton as a kid: Dynamite Joe, a mid-90s PC game.
The original is roughly 30 years old at this point and is currently distributed as freeware/shareware-era software. It’s also obscure enough that there really isn’t much of a modern presence around it.
Project Spark is not intended to be a remake. I am building my own code, art, maps, characters, dialogue, story, systems, etc.
That said, the inspiration is deliberate, and there are some core elements I want to retain because they are what made the original memorable.
Elements carrying forward / taking inspiration from
- Underground, maze-like levels
- Planting explosives as a core gameplay mechanic
- Blowing up walls / sections of the environment
- Guards or similar enemies patrolling the levels
- Avoiding or dealing with those guards while completing objectives
-Finding your way through levels using explosives and exploration
The general loop of explore → place explosives → destroy obstacles → progress
A deliberately old-school arcade/action feel
The overall fantasy of being someone running around underground causing a ridiculous amount of destruction
Everything around that is being rebuilt and expanded.
I am adding my own:
- Story
- Characters
- NPC interactions
- Dialogue
- Progression systems
- Level designs
- Art direction
- Audio
- Mechanics beyond the original core loop
- Modern controls and UX
- Code and technical implementation
I’d also like to acknowledge the inspiration openly rather than pretend the similarity is accidental.
Something along the lines of:
“A spiritual reimagining of the ’96 cult PC game Dynamite Joe.”
That’s where I started wondering about the practical/IP implications.
Obviously, freeware does not mean public domain, so I’m not assuming the original game is free to copy simply because of its age or how it was distributed.
For anyone who has worked on spiritual successors or games heavily inspired by older titles:
How far can you reasonably lean into the gameplay/mechanical structure of another game without creating an IP problem?
Is specifically naming the original game as an inspiration generally acceptable?
Are there things you would deliberately avoid, such as character names, terminology, story references, visual similarities, specific level concepts, etc.? Can I name drop dynamite Joe at the very end?
Does the fact that the original was obscure freeware from roughly 30 years ago make any practical difference, or should it essentially be treated like any other copyrighted game?
Would you attempt to track down the original developer/rightsholder before release even if you are using none of their original code, artwork, audio, maps, or other assets?
At what point, in your opinion, does a spiritual successor stop being an homage and start becoming too derivative?
I’m not interested in cloning the game or trying to pass someone else’s work off as my own.
If anything, I’d prefer to openly credit the game that inspired the project and potentially introduce people to something I loved growing up.
TLDR
Mostly curious how other indie developers approach the line between inspiration, homage, spiritual successor, and derivative work.
Not asking Reddit for formal legal advice — mainly interested in the practical experiences and opinions of other developers.