Dreadwire Posted October 10, 2015 Share Posted October 10, 2015 Not your its DE. Even you are the ones who design it Link to comment Share on other sites More sharing options...
unknow99 Posted October 10, 2015 Share Posted October 10, 2015 Look, I'm not gonna sue them or something, because I have few reasons for that: I'm in university now, so I can't leave. I don't live in US, and since I'm a student I don't have enough money to go to US and clear this situation in court or something... If they just asked me, I'd be so happy to allow them use my picture, but they didn't. They took it shady. All I need now is their public apology, or even private. Man, I'd be friggin frustrated if that happened to me... I'd talk to the devs about it & see what we could do! Not the first time this kindof stuff happens : https://forums.warframe.com/index.php?/topic/256238-you-should-take-a-look-at-this/ Link to comment Share on other sites More sharing options...
Hwalryeokso Posted October 10, 2015 Share Posted October 10, 2015 On the brightside, your drawing is so good that people wanna steal it. Heh. Link to comment Share on other sites More sharing options...
egregiousRac Posted October 10, 2015 Share Posted October 10, 2015 Here is a quick overlay I did. Had to do some skewing of your drawing since the photo isn't straight on. They made some tweaks while redrawing it, but many of the lines match up. The hand weirdness seems to be because it is posed like yours, even though it doesn't make sense when holding milk. Link to comment Share on other sites More sharing options...
(PSN)bluerazorsedge Posted October 10, 2015 Share Posted October 10, 2015 I just saw Steve post the pic on twitter. They could of at least asked you. Link to comment Share on other sites More sharing options...
VexPrime Posted October 10, 2015 Author Share Posted October 10, 2015 I just saw Steve post the pic on twitter. They could of at least asked you. Right. They could. And I'd lovely gave them permission on using my pic. But they didn't. Link to comment Share on other sites More sharing options...
VexPrime Posted October 10, 2015 Author Share Posted October 10, 2015 Here is a quick overlay I did. Had to do some skewing of your drawing since the photo isn't straight on. They made some tweaks while redrawing it, but many of the lines match up. The hand weirdness seems to be because it is posed like yours, even though it doesn't make sense when holding milk. Thanks for that GIF you made. That makes almost 100% proof it's an art theft. Link to comment Share on other sites More sharing options...
DamienTokala Posted October 11, 2015 Share Posted October 11, 2015 side by side comparisons and even using a ghosting overlay, it's obvious that the only thing they did was draw it in a pose extremely similar to yours, and use similar colors. it's not exactly a blatant art theft, and poses aren't really something you can claim as your own. Link to comment Share on other sites More sharing options...
RugerMK1 Posted October 11, 2015 Share Posted October 11, 2015 Why is the hand upside down? How stupid are these art thieves?! Link to comment Share on other sites More sharing options...
Acidulant Posted October 11, 2015 Share Posted October 11, 2015 side by side comparisons and even using a ghosting overlay, it's obvious that the only thing they did was draw it in a pose extremely similar to yours, and use similar colors. it's not exactly a blatant art theft, and poses aren't really something you can claim as your own. Not 1:1 art theft, but certainly enough for someone to get into trouble if you're a professional... Link to comment Share on other sites More sharing options...
Monstez Posted October 11, 2015 Share Posted October 11, 2015 oh..i hate so much people that do that... Link to comment Share on other sites More sharing options...
egregiousRac Posted October 11, 2015 Share Posted October 11, 2015 side by side comparisons and even using a ghosting overlay, it's obvious that the only thing they did was draw it in a pose extremely similar to yours, and use similar colors. it's not exactly a blatant art theft, and poses aren't really something you can claim as your own. How is it not blatant art theft? The only decent part of the drawing is the helmet, and the only bits that don't line up with his work are scaled up versions of his work. This is a straight up trace, which is most definately art theft. Link to comment Share on other sites More sharing options...
DamienTokala Posted October 11, 2015 Share Posted October 11, 2015 While I agree there are many striking similarities, it is very possible that this is just a coincidence. And even if it's not, and it was indeed stolen, it can be relatively hard to claim, as there are enough differences between this and the original to just narrowly avoid the content police. Link to comment Share on other sites More sharing options...
Dairaion Posted October 11, 2015 Share Posted October 11, 2015 wow this is all really great advice, but it would be smarter to contact your lawyer. sure things could be ironed out nicely as stuff but why walk away with nothing, they didn't give a f*** about you, now it's your turn. Link to comment Share on other sites More sharing options...
DarkOvion Posted October 11, 2015 Share Posted October 11, 2015 1: It's fan art of a property you don't own. 2: It's at most, a very rough linework of the same character and pose. (The lines are cleaner + smoother too). 3: It's very stylised, bearing a passing resemblance at best. Due to these differences (thinner chin, head being primarily being a smoother oval, less overall detail, different chest, different torso, different colours, different curves on the head, shoulder, armpit, horn, weighted line width for depth, no shadows, 'bubblish' art style), at best it used a similar pose, but legally, it's significantly different and uses their own lines and artwork (in so far that they drew it, it's still not their character). 4: As fan art, at most it'd be DE that could possibly have an issue with this legally, if they didn't grant permission to them. 5: Being the size of DE, and the size of the other company, it'd likely be very not worth their time to attempt to sue over some fanart (and ultimately free advertising) for what they'd get back from it. (Principal is all well and good, but cost matters). Personally, to me, this feels like clutching at straws, as they're similar angles of the same character. But one uses smooth vector graphics, possibly made in flash, certainly very reminiscent of old-school 'newgrounds' flash characters and one uses... not sure, but looks more like an 'actual excalibur' and definately looks more 'hand drawn on PC' (if that makes sense). Link to comment Share on other sites More sharing options...
(PSN)DesecratedFlame Posted October 11, 2015 Share Posted October 11, 2015 It's not theft, even if they used yours as a reference it looks different enough to not be infringing, imo. The most you can do is contact them directly and ask them to take it down. Link to comment Share on other sites More sharing options...
HatchetHaro Posted October 11, 2015 Share Posted October 11, 2015 (edited) As an artist, this is stealing, like it or not. Tracing is stealing, even if you modify some parts. In the end, the overall style still highly resembles the original art. The fact that Warframe is featured in the Fantasy Foods tournament doesn't matter. This is plain plagiarism. Normally, people would be fine if the art is created from scratch, or having DE give permission to use a certain picture, but here, this is stealing, plain and simple. The point is that it is traced (not just reference, but actual tracing) from VexPrime's fanart; it doesn't matter that they made modifications to make it look slightly different; it resembles the original art and the Excalibur design by DE, and DE (and maybe VexPrime) has the right to take legal action. Edited October 11, 2015 by HatchetHaro Link to comment Share on other sites More sharing options...
Evanescent Posted October 11, 2015 Share Posted October 11, 2015 Maybe they just used it for reference? Link to comment Share on other sites More sharing options...
Dillon_J Posted October 11, 2015 Share Posted October 11, 2015 im not sure if you'd win this case since it is different enough that they could pass it off as their own. Even though it is clearly a rip on your work. Link to comment Share on other sites More sharing options...
Rorgal_Sina Posted October 11, 2015 Share Posted October 11, 2015 Doesn't DE own all fanart? Link to comment Share on other sites More sharing options...
Jaruis Posted October 11, 2015 Share Posted October 11, 2015 It's not theft, even if they used yours as a reference it looks different enough to not be infringing, imo. The most you can do is contact them directly and ask them to take it down."Looks different enough to not be infringing"What Link to comment Share on other sites More sharing options...
(PSN)DesecratedFlame Posted October 11, 2015 Share Posted October 11, 2015 (edited) As an artist, this is stealing, like it or not. Tracing is stealing, even if you modify some parts. In the end, the overall style still highly resembles the original art. The fact that Warframe is featured in the Fantasy Foods tournament doesn't matter. This is plain plagiarism. Normally, people would be fine if the art is created from scratch, or having DE give permission to use a certain picture, but here, this is stealing, plain and simple. The point is that it is traced (not just reference, but actual tracing) from VexPrime's fanart; it doesn't matter that they made modifications to make it look slightly different; it resembles the original art and the Excalibur design by DE, and DE (and maybe VexPrime) has the right to take legal action. As an artist, you are wrong. It is not stealing. It is not traced. It is not plagiarism. It's most likely referenced, but it is not traced. You can clearly see that the lines don't match up exactly in the overlay gif that was posted. That means it wasn't traced, and that it isn't plagiarism. It's more than 30% different, and the OP doesn't own the IP, so it's not "stealing". I am fairly certain DE would lose in a court case too. DE has made it clear that they support Fanart. That would protect the other party to an extent since it is just fanart and poses no threat nor competition to DE's own product and DE gave implied consent. (not legal advice, just my opinion, etc.) "Looks different enough to not be infringing" What The rule of thumb is that if something is 30% different then it is not copyright infringement. Edited October 11, 2015 by (PS4)DesecratedFlame Link to comment Share on other sites More sharing options...
unknow99 Posted October 11, 2015 Share Posted October 11, 2015 As an artist, you are wrong. It is not stealing. It is not traced. It is not plagiarism. It's most likely referenced, but it is not traced. You can clearly see that the lines don't match up exactly in the overlay gif that was posted. That means it wasn't traced, and that it isn't plagiarism. It's more than 30% different, and the OP doesn't own the IP, so it's not "stealing". I am fairly certain DE would lose in a court case too. DE has made it clear that they support Fanart. That would protect the other party to an extent since it is just fanart and poses no threat nor competition to DE's own product and DE gave implied consent. (not legal advice, just my opinion, etc.) The rule of thumb is that if something is 30% different then it is not copyright infringement. C'mooon man, just look at it : drawing this close to the original would be impossible without actually seeing the original... I agree with Hatchet, and your rule of thumb has been more than reached : an eye accustomed to draw stuff just see the hands of these guys copying the OC then made it look like the Stalker, just to say "nono, mine is different!" I could go on Photoshop,spend 3 minutes on the original to change little details & tadaaa : I'd get the same... Example : "No no, mine is different : it doesn't have colors, I didn't draw a fish and there is no star at the bottom!" That dude is fooling no one! A few non-artist people,maybe, but it's a ctrl+c/ctrl+v for careful eyes... Link to comment Share on other sites More sharing options...
(XBOX)LexaHex Posted October 11, 2015 Share Posted October 11, 2015 what the hell is fantasy food thing anyway ? Food items from digital media, there was a survey thingy not too long ago where a whole bunch of food from digital media fought out. WF has greedy milk and participated in this 'contest'... We came in second Link to comment Share on other sites More sharing options...
(PSN)DesecratedFlame Posted October 11, 2015 Share Posted October 11, 2015 (edited) That is over 90% similar. It isn't a good counter example. I am an artist too, so you can drop the appeal to authority fallacy. Us being artists doesn't make us any more right or wrong. EDIT: Actually, it is only non-"careful" eyes that think it is a Ctrl+V. Too many lines don't match up, and I am not talking about leaving off a "fish" in the excal pic. I am talking about things like the curve of the head, the position of the horn, and so on. There is even an overlay gif in this thread making it easier for non-"careful" eyes to see it. I am not sure how you still missed it. Edited October 11, 2015 by (PS4)DesecratedFlame Link to comment Share on other sites More sharing options...
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