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this post was submitted on 13 Sep 2024
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I cant see the images. What did they steal exactly? A 3D model? Some 2D artwork?
The rip off
https://bungiestore.com/bungie-rewards-nerf-ace-of-spades-blaster
The original design that was ripped off: https://www.deviantart.com/tofurabbit/art/Ace-of-Spades-573764211
And the tweet:
I mean there's clearly some little bits that are the same, but they can't claim that much as they want because the weapon looks like that anyway.
How does it work when you get paid for deriving from a copyright piece of material in the first place?
Since the artist was commissioned by Bungie to make the original concept art in question, I believe that Bungie still retains ownership of the copyright, since the work was created under Bungie's employ.
That said, it's not uncommon for these types of commission contracts to stipulate that the artist retains some rights to the works they create. It varies from contract to contract, though. Sometimes they just require that the original artist is credited in any further usage of the piece, sometimes they require the artist earns royalties from any sales of the piece, etc. Or, he could've also just taken a fat stack of cash for zero ownership, which isn't totally unheard of.
The artist we're talking about appears to have (illegally, though no one really cares until you try to do it at scale) translated the game design to a nerf gun for a fan of the game. He wouldn't have done it for $60 for Bungie.
No, the nerf gun is sold by Bungie in collaboration with Hasbro. Whoever did the art for the nerf gun, whether in house or contracted, looked online and just stole the artists', Tofu's, work. Bungie are compensating them for it, so its a non issue now, but its just another case of art being stolen for official products.
But the question being asked is about the fact that Tofu's work is clearly an unauthorized derivative work of Destiny's original gun.
The post I was responding to assumed that he had done commissioned work for Bungie, not that he used their art to make a version for a fan.
Oh right yeah, extra confusing in the way I worded that too.
A guy called Josh commissioned the original art, I don't know if he was a Bungie employee or not. I was just interested in peoples view of this dynamic. An artist takes money to draw/copy copyright material and then is immediately upset when someone is taking money for their work too. I know it's not apples to apples, one being a corporation and one being an individual. I was just unsure on where the line is drawn on this kind of stuff as I don't spend much time in the art communities.
So, to be fair, you're paid for your service of creating the art, not for the copyrighted material. I would think that is different than to creating a piece based on copyrighted material and then selling the finished art. Anyways, Bungie does not get ownership of their art, just the ability to sue for profits they make from selling it and/or damages, at best, If they can prove it violated copyright and it is not transformative/under fair use.
Also... while I'm here... god why white and orange it looks so bad, doesn't match what is in game, and just... no.
Yeah, I'm not too familiar with US fair use, seems fair use if they weren't profiting from it, but it's harmless really as long as they don't mass sell prints I guess?
It's nerf so it's gotta be orange right aha, as least it isn't blue and orange!
as the tweet says and as you would see if you actually compared them, the nerf gun literally has the exact same details on most of the design, especially the diagonal stripe is literally the same fucking asset.