Is this considered copyright?

[Boop]

So i am making a video game , and i found my self inspired by someones elses art style , so after i finished the first level and i saw again the other creators game i realised how similar i made it.

So basically i want your opinion if this is copyright.And if yes, i would love if you could tell me what to change so that its not considered copyright.

-Thank you in advance

Images of my game: [Mod deleted images]

Images of his game: [Mod deleted images]

 

[Just Blue]

To my eye it looks like the same artist did the work. And yeah...it is VERY like the original artists work. I suggest you take this to an attorney for his/her legal opinion.

 

[Boop]

To my eye it looks like the same artist did the work. And yeah...it is VERY like the original artists work. I suggest you take this to an attorney for his/her legal opinion.

Thanks for the response

 

[quincy]

Are you in the U.S., Boop?

Whether anyone here thinks your images infringe on the rights-protected material of another really means little. What matters is what the creator of the original works thinks. If the original artist believes you infringed, you can be sued.

I agree with Just Blue that you should take your work to an IP attorney in your area for a comparison and for an opinion.

Good luck.

 

[Boop]

Are you in the U.S., Boop?

Whether anyone here thinks your images infringe on the rights-protected material of another really means little. What matters is what the creator of the original works thinks. If the original artist believes you infringed, you can be sued.

I agree with Just Blue that you should take your work to an IP attorney in your area for a comparison and for an opinion.

Good luck.

Will do,thanks

 

[quincy]

Will do,thanks

You're welcome, Boop. We appreciate the thanks.

 

[quincy]

Following is a link to a paper written by Gabriel Godoy-Dalmau, Substantial Similarity: Kohus Got it Right, 6 Mich. Bus & Entrepreneurial L. Rev 231 (2017), which discusses in some depth the "tests" used by a court to determine if one work is "substantially similar" to another copyrighted work and, hence, infringing on the rights of the first:

]https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1060&context=mbelr

The first test used by courts (in most US circuits) is the "ordinary observer" test, which essentially looks at whether an ordinary person would recognize similarities between two works just by appearance.

If Just Blue can be seen as an ordinary observer of your work and the work created earlier by the other artist, it appears you have a problem.

 

[Just Blue]

Following is a link to a paper written by Gabriel Godoy-Dalmau, Substantial Similarity: Kohus Got it Right, 6 Mich. Bus & Entrepreneurial L. Rev 231 (2017), which discusses in some depth the "tests" used by a court to determine if one work is "substantially similar" to another copyrighted work and, hence, infringing on the rights of the first:

]https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1060&context=mbelr

The first test used by courts (in most US circuits) is the "ordinary observer" test, which essentially looks at whether an ordinary person recognizes similarities between two works just by appearance.

If Just Blue can be seen as an ordinary observer of your work and the work created earlier by the other artist, it appears you have a problem.

I showed the art to lil'blu, (who is an excellent graphic artist herself ), and she thought that OP's work was the same artist as the example of the other artist.

^^ example of awkward sentence^^

 

[Boop]

Following is a link to a paper written by Gabriel Godoy-Dalmau, Substantial Similarity: Kohus Got it Right, 6 Mich. Bus & Entrepreneurial L. Rev 231 (2017), which discusses in some depth the "tests" used by a court to determine if one work is "substantially similar" to another copyrighted work and, hence, infringing on the rights of the first:

]https://repository.law.umich.edu/cgi/viewcontent.cgi?article=1060&context=mbelr

The first test used by courts (in most US circuits) is the "ordinary observer" test, which essentially looks at whether an ordinary person would recognize similarities between two works just by appearance.

If Just Blue can be seen as an ordinary observer of your work and the work created earlier by the other artist, it appears you have a problem.

thanks again ,so really appreciated

 

[Boop]

I showed the art to lil'blu, (who is an excellent graphic artist herself ), and she thought that OP's work was the same artist as the example of the other artist.

^^ example of awkward sentence^^

I think i'll come in contact with the artist for permission , anyway thanks

 

[quincy]

I showed the art to lil'blu, (who is an excellent graphic artist herself ), and she thought that OP's work was the same artist as the example of the other artist.

^^ example of awkward sentence^^

The images appeared substantially similar to me but a lot of the similarity could be from the colors that were used. I took my personal analysis no further than that. A court would do a thorough comparison.

Getting permission from the original artist to create a derivative of their work is certainly the safest way to operate. The copyright holder will either grant you permission (often in the form of a limited nonexclusive license) or deny permission (in which case, you should rethink and redo your video game's artwork).

Good luck.

 

[Just Blue]

I think i'll come in contact with the artist for permission , anyway thanks

You're welcome Hon...
For what it's worth, my daughter and I think you're very talented but perhaps need to develop your own style. But, again, very talented.

 

[quincy]

I agree with Just Blue that the artwork was very nice in both the original video game and in your works.

There is often a fine line that is drawn between taking inspiration from a work (which is legal) and copying the protected elements of a work (which is not legal). The trick for an artist is to recognize that line and not cross it.

Good luck with your artwork and your video game.

 

[Boop]

I agree with Just Blue that the artwork was very nice in both the original video game and in your works.

There is often a fine line that is drawn between taking inspiration from a work (which is legal) and copying the protected elements of a work (which is not legal). The trick for an artist is to recognize that line and not cross it.

Good luck with your artwork and your video game.

I'm sorry for asking for help again but i was wondering.I didnt copy anything from his work 1 for 1 i made work similar to his, in other words in the same art style.But as i discovered from some research you cant copyright art style.Does that mean im ok?

 

[quincy]

I'm sorry for asking for help again but i was wondering.I didnt copy anything from his work 1 for 1 i made work similar to his, in other words in the same art style.But as i discovered from some research you cant copyright art style.Does that mean im ok?

Art style is different from copying artwork. Correct.

For example, both Pablo Picasso and Georges Braque were cubists. Cubism takes a subject and breaks up the subject into individual parts and then reassembles these parts. All Cubists have the same style - but Braque's "Portrait of a Woman" is not substantially similar to, say, Picasso's "Girl with a Mandolin" because the elements that make up the works are different. Only the style of the works is shared.

What your video drawings shared with the other video game drawings was the art style, certainly, but also the colors and the elements that made up the works - tree and tree placement, for example.

Whether a court on analysis beyond "ordinary observer" would find the works substantially similar is something I can't tell you. It's possible.

Your first concern is whether the original artist would find your work substantially similar to your work, enough so that a court is asked to determine if your work infringes on the other artist's work.

You should have an IP professional in your area do a comparison for you and offer an opinion.

Good luck.