game creation

No, artwork from games is covered by copyright.

On the other hand, it's fine to copy their gameplay but use your own art :P

Quote:

Original post by Hodgman On the other hand, it's fine to copy their gameplay

Only the non-distinctive elements of gameplay.

EVERY distinctive detail is covered by trademark law and other IP restrictions. It is up to a judge, not you, to determine exactly what is distinctive. Basic color schemes and screen layouts have both been protected, when combined with the rest of the game. Audio themes, even when they last just a few moments, are considered distinctive and are protected. Specific identifiable mechanics are considered distinctive. (E.g. don't start with d20 rules, modify them, claim it as your own, and expect to get away with it.) Don't underestimate what makes a game distinctive.

From the FAQs, the best solution is to make something entirely your own.

Quote:

Original post by newguy23 Would it be legal to create a map with a map editor using all of the 3-D models from Halo-Reach and altering the game play?

Generally, no. Game artwork is protected by copyright and can't be used without he IP owners permission.

Some games however do have specific clauses in their End Users License Agreement that allow for modding. You can use the game's level editors to create new levels and game play - but usually for non-commercial purposes only. You would need to read the EULA to be sure.

What isn't allowed is to take the graphics from one game and use them in your own game, unless you have the explicit permission of the copyright owner.

[Edited by - Obscure on September 8, 2010 8:59:10 PM]