>>56632483thats not exactly how copyright works, if copy *exactly* then the fangame creator/artist runs the risk of copyright infringment.
they can make a inspired design tho and since these are unused design it's unlikely the jews ant nintendo would want to contest it.
that being said instead of making a "fan game" it's better to make a heavily inspired "original ip" so the chances of it being shut down are lower, although this would probably mean some chump/nicer making a open source pokemon-like engine for ease of community use