Nintendo appears to have mistakenly used a fan-made render of Mario on the Super Nintendo World site

fakemario.png

You might be rendered speechless after a gaffe Nintendo just made on their newly-launched Super Nintendo World website. A loading icon for the page currently features a render of Mario, however, that artwork doesn't belong to Nintendo. Twitter user uJidow claims that Nintendo mistakenly used their render of Mario--not the official one. The differences between the two are quite negligible, with uJidow's appearing to be modeled after the original. The image on the left is official and comes from New Super Mario Bros. U Deluxe, while the fan-made one is on the right. You can see that Nintendo is using the doppleganger Mario, as the one on the loading page has brighter eyes and shinier brass overall buckles--just like the fanart.

1200px-Mario_New_Super_Mario_Bros_U_Deluxe.png ErGcgX4WMAA6Wdm.jpg
:arrow: Source
 

ciaomao

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Do you always have to pay back the same for the same, or wouldn't it be good to just confidently demonstrate that everything doesn't have to end up in court?
 
Last edited by ciaomao,
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neotank19

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In my lay opinion, he could sue. Not for any monetary gain, but simply to have them remove his derivative work from their website.

Of course this would cost loads of money and would in no way be worth it.

Also, a simple email might work too. And if the big N really follows scene sites, then they know and will most likely just replace it with their own work.
 

1B51004

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Personally, I'll give them the benefit of doubt. They probably needed a mario render and someone working on graphic design prolly said 'hey this looks good enough'
Still, it's either really frustrating or really inspiring to see your work mistaken for an official render
they should prolly take the fan made render on their site down and replace it soon though lol
 

FAST6191

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...HOW'd this happen? Wouldn't Ninty already have decades of Mario renders they could've used? Why "accidentally" knick a fan's version?
Just because they are a big corporation does not mean that when they contract out work, or indeed even do things in house, that you get a nice email with login creds to big and well documented/curated repo of artwork, models, usage guidelines and whatever else.

You might then have to play an international game of telephone to get access granted (don't know if you have ever had to wait for corporate to send forms, authorise work or whatever else but same idea) only to be given a gigs large zip file or FTP somewhere old and forgotten, or maybe it was good passable as an internal development tool back in 2003 when some half bright marketing/engineer/programmer type set it up and has not seen much in the way of updates since. Or if you prefer if you have ever gone to an external search engine because it is quicker and easier (or perhaps even more accurate) than the internal search then same deal.

For the graphics design peep in a rush (and they almost always are -- "don't you know there are 1000 other art school grads that would jump at the chance to do this for less money and longer hours" and also 1000 other firms that would do it cheaper and quicker) then playing with the image search is potentially a far easier option. In this case I would bet on they were likely careless or ignorant and omitted "site:nintendo.com" (or equivalent for jp and UK and wherever else -- I quite often have to get multiple up when doing banners for reviews and they often do differ considerably in their scope of content) when playing with such things, and fan art does rather populate the results when I do searches for various games (especially older franchises).

Poor form on multiple levels for it to happen. But that it happened at all... not surprised in the slightest.
 

Lostbhoy

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The following quote was taken from the below source which is a Law blog specialising in this type of thing. I'd say it's relevant to this.....

4. This should go without saying, but since someone did it, I’ll mention it. Don’t draw attention to yourself or intentionally aggravate the big boys. In 2002, artist Jeff Supon sued DC for copyright infringement of his “Black Bat” comic. In 1984, Mr. Supon sent DC some original sketches of his ideas of where he thought Batman should go next, apparently hoping to become a new artist for the company. DC never replied to Mr. Supon, and he relabeled the work “Black Bat.” In 1999, after the release of “Batman Beyond,” he brought suit for copyright infringement, claiming the new series incorporated the designs he submitted 15 years earlier. He got creamed. DC won its defence against his claim and won its counterclaim that his designs infringed their intellectual property. Bottom line, don’t wake the dragon.

https://jomosthompson.wordpress.com/2010/05/12/does-fan-art-violate-copyright/
 
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TheRealNGB

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The thing is copyright owners also own the rights to all derivative works unless there is a contract stating otherwise, he can't be financially compensated for his fan made content without the permission of Nintendo, so he can not sue them. It's not a good look for Nintendo, and they will probably want to remove it after being called out, but that is about it, I'm not sure in what context he brought the situation to light ie. was he complaining or honored? If I assume it was in a negative way since it was brought to the public's attention before anyone in charge at Nintendo there is probably nothing good that will come from making Nintendo look bad for using there own copyrighted material.
 

Lv44ES_Burner

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I'm gonna hazard a take and say, Nintendo's probably going to say something along the lines of:

"What? No, we drew this render of Mario. WE own every render of Mario. Fans don't own anything. There is no such thing as fan art or fan renders of Nintendo properties. If there were, it would be from our own staff off the clock, because they know if they didn't work for us, our Ninjas would send them to the Koopa Kingdom Gulags to mine Lava until their skin boils off of their faces. LEAVE LUCK TO HEAVEN."
 

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You might be rendered speechless after a gaffe Nintendo just made on their newly-launched Super Nintendo World website. A loading icon for the page currently features a render of Mario, however, that artwork doesn't belong to Nintendo. Twitter user uJidow claims that Nintendo mistakenly used their render of Mario--not the official one. The differences between the two are quite negligible, with uJidow's appearing to be modeled after the original. The image on the left is official and comes from New Super Mario Bros. U Deluxe, while the fan-made one is on the right. You can see that Nintendo is using the doppleganger Mario, as the one on the loading page has brighter eyes and shinier brass overall buckles--just like the fanart.

:arrow: Source
At least he's not trying to sue over it.


Nintendo's rebuttal:
upload_2021-1-9_21-21-4.png



upload_2021-1-9_21-21-56.png



Edit-I just actually read that c&d :rofl2:
 
Last edited by Deleted member 668561,
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1B51004

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Also, it seems Universal made the site so technically its Universal's problem

either way its a sloppy mistake tho lol
Nintendo's rebuttal:
View attachment 241215
Edit-I just actually read that c&d :rofl2:
is it real? It's a bit blurry so I can't see it.
Edit: nevermind, its from 2008, its just a meme lol
 

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