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The TM is for Totally Magical.
Quite a few companies are screwy about it, like Disney, who encourages fanworks and then sues the pants off of anyone who makes them.
Not just screwy, some companies outright abuse copyright law to takedown videos that fall squarely under fair use to improve their search results (*coughnintendocoughsegacough*).
I guess we experienced some confusion over the way the question was phrased. Red Nova was simply pointing out that a fangame infringes on copyright law- whether or not you should care about this or make the fangame is another matter, although depending on the circumstances it may be very risky to do so.
Fangames are like the schrodinger's cat of games. If you make one, and noone plays it, no takedown, but why did you bother. If you make one, and its really good and popular, you get a takedown notice, and lose all your hard work.
the world ends in whatever my makerscore currently is
He said he intends to sell the game lol

The characters i want use is this:

You could probably get away with that under fair use, within the context that it's a parody. Although because you're planning on selling the game, you're still walking on thin ice.
Even then, you'd still have to distance it quite a bit further. At least with only the context of the art, there's no parody really.

If you had a story about a reptilian king who has to hunt down the drug addled foreigner from another land who keeps crushing his citizens under his boots under the auspices of rescuing your wife from you, a marriage which was intended to unify your kingdoms and bring everlasting peace, -that- would be a parody.

Edit: Most important to remember, fair use is an affirmative defense, meaning that the burden of proving it does not violate copyright is on you. Its not a magic get out of jail card. Even if it is fair use, you'd have to prove it in a court when they sued you.
The characters i want use is this:

The first is based in Mario, but i already changed it, i wanna know if i can use? It is transformed in rpgmaker2k character.

And the second one is Super Twins, but i will change the monkey colors and dress.

But i want the power of change to other animals and water to ice and other powers.

What is an rip off?

And the RTP characters from rpg maker i can use?

They are both fine. Call him Fabio or something such and it'll be even safer to use. If the name is completely out there or a twist on the original and he's parody of Mario, that'll put you in the clear. Sometimes using wordplays or changing names helps a lot too. The clearer it's a work of parody, the better and more safer for you. I'd probably change the powerups a bit though, they are a bit too like the originals and the powerups themselves are copyrighted imagery too. I don't know why some people said he looks like Mario, he looks more like Luigi than anything.

Parody has to be very clear it's a parody say, I make a Batman parody who's called "Hatman" who has "Hat signal", lives in "Hat Cave" and goes around dressed as a Hat, because he has a phobia of hats and wants everyone to be scared of hats. That's totally okay and fair use.

Parody can be made for proffit, if it's under fair use, it also constitues monetization. Otherwise, none of the parody movies or such could ever have been sold. This is also why porn movies always claim themselves to be "porn parody" to make it more a-okay and give the stars silly pornish names, like turning "Agent Smith" to "Agent Smut."
He said he intends to sell the game lol


I was making the game when i have 12 years. Now u have 30 lol. I was making a rrmake of him. I thinking selling for one dollar in steam. To pay for the years making him. I prefer work with donations. But selling for low cost helps too.

Thanks for all the help i will remove all copyright character and files from my game and create my charas and files.

I try to study and make an english version of game for yours.

I need free musics.

For the mario character i changed to a tank character that use 5 shields as weapons parody of one piece zoro.

For the super twins i will only use the fish using a bucket of water with motor weels. She will not morf into animals but will manipulate the water.
Sorry for the poor english.
Anyone knows if the Mac Blue resources for the Rpg Maker 2000 can be used in comercial games?
It’s your actions.. not your strength, that would lead you to victory.

Get rid of the M on his had, change the color to more orange, Change the things on his belt to be more obscure things. Bingo! You created a character that might look like Mario, but isn't too similar to him.

Definitely can't mess around with Nintendo. They go after everyone. That's why you'll never find me making anyyyyy Nintendo games... Nope. None to be seen here. Absolutely clean of any Nintendo fan games. Yep.

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