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Copyright & derivatives


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#1 Steno   Members   -  Reputation: 115

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Posted 25 February 2013 - 11:13 PM

Hi,

 

I've recently found out some of the artwork in my current project is derivative work done by our previous artist.  These pieces (bitmaps) are heavily modified and no pixel remains the same.  In general, only the basic shape remains the same.  For instance, assume that you took an image of a Nazi soldier and turned him into a zombie wearing Nazi gear and scaled him up from a 32x32 image to a 128x128 image, while adding the necessary detail.

 

Any reasonable person would conclude they were both the same shape and design.

 

So, the original images are copyrighted and not available for distribution.  At what point, if any, are we allowed to use our scaled up/derivative image or do we have to dump this and start fresh?



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#2 Ashaman73   Crossbones+   -  Reputation: 6748

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Posted 26 February 2013 - 06:51 AM

Either it is a derivation or not. If an art piece is a derivation of an other art piece, will eventually be settled at court, even  if every single pixel has an other value or hue and has been scaled down or up

 

 

...in my current project is derivative work done by our previous artist.

Yelling this in public forums is e.g. a bad start for your side...

 

 

Tips:

1. Ask the previous artist to use his art (demand a license).

2. Ask a lawyer.

3. Start over again and make your own art.


Edited by Ashaman73, 26 February 2013 - 06:54 AM.


#3 3Ddreamer   Crossbones+   -  Reputation: 2977

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Posted 03 March 2013 - 07:49 PM

Always make decisions on the defensive, as if not only your legal standing is on the line but the survival of the organization.  You are far better for having started art on your own from the start rather than using others work even if by permission. 

 

Have I used other's work by permission?  Sure, but I have been putting demand on myself in the last couple years or so to create 100% original art content unless my boss insists on using licensed work.  This forces me to improve both the speed of creation and my art skills while being totally safe legally:  3 huge reasons to make original content for games.

 

It becomes clear with forethought that doing the absolute right thing is harder but the rewards are greatest long term. biggrin.png

 

 

Clinton


Personal life and your private thoughts always effect your career. Research is the intellectual backbone of game development and the first order. Version Control is crucial for full management of applications and software.  The better the workflow pipeline, then the greater the potential output for a quality game.  Completing projects is the last but finest order.

 

by Clinton, 3Ddreamer





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