1. ciaomao

    ciaomao GBAtemp Regular
    Member

    Joined:
    Feb 20, 2014
    Messages:
    246
    Country:
    Albania
    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, Jan 8, 2021
    Scott_pilgrim likes this.
  2. Stwert

    Stwert GBAtemp Advanced Fan
    Member

    Joined:
    Jan 6, 2015
    Messages:
    848
    Country:
    United Kingdom

    Worst game of snog, marry, avoid, ever!
     
    Scott_pilgrim likes this.
  3. Lostbhoy

    Lostbhoy HEY YOU GUYS!
    Member

    Joined:
    Aug 23, 2009
    Messages:
    887
    Country:
    United Kingdom
    Can't wait for a rom hack to be used in the next selection of Switch Online Service games!
     
  4. neotank19

    neotank19 GBAtemp Regular
    Member

    Joined:
    Apr 1, 2010
    Messages:
    269
    Country:
    United States
    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.
     
  5. YuseiFD

    YuseiFD GBAtemp Regular
    Member

    Joined:
    Jul 6, 2016
    Messages:
    219
    Country:
    Yes, he drew a copyrighted concept, he sure gonna sue for it kek
     
  6. 1B51004

    1B51004 GBAtemp Regular
    Member

    Joined:
    Nov 23, 2020
    Messages:
    181
    Country:
    United States
    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
     
    Scott_pilgrim and banjo2 like this.
  7. FAST6191

    FAST6191 Techromancer
    Reporter

    Joined:
    Nov 21, 2005
    Messages:
    32,619
    Country:
    United Kingdom
    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.
     
    Scott_pilgrim, aadz93 and banjo2 like this.
  8. Lostbhoy

    Lostbhoy HEY YOU GUYS!
    Member

    Joined:
    Aug 23, 2009
    Messages:
    887
    Country:
    United Kingdom
    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.....

    https://jomosthompson.wordpress.com/2010/05/12/does-fan-art-violate-copyright/
     
    Last edited by Lostbhoy, Jan 8, 2021
    Scott_pilgrim and TheRealNGB like this.
  9. TheRealNGB

    TheRealNGB GBAtemp Regular
    Member

    Joined:
    Dec 30, 2017
    Messages:
    271
    Country:
    United States
    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.
     
  10. Lv44ES_Burner

    Lv44ES_Burner Advanced Member
    Newcomer

    Joined:
    Dec 11, 2020
    Messages:
    55
    Country:
    United States
    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."
     
  11. Hells Malice

    Hells Malice Are you a bully?
    Member

    Joined:
    Apr 9, 2009
    Messages:
    6,875
    Country:
    Canada
    Who the fuck even notices shit like this
     
    DarkCoffe64 and Scott_pilgrim like this.
  12. HarvHouHacker

    HarvHouHacker Owner of the Rock Band Customs Project
    Member

    Joined:
    Mar 24, 2019
    Messages:
    679
    Country:
    United States
    I'd ask for a commission. :P Actually, I would be honored to have my artwork stolen like that; it was obviously good enough for Nintendo! :D :toot:
     
  13. nero99

    nero99 GBAtemp Psycho!
    Member

    Joined:
    Sep 18, 2014
    Messages:
    3,061
    Country:
    United States
    That person would get laughed at for trying to sue someone that owns that IP.
     
    Scott_pilgrim and Ericzander like this.
  14. sonicrings

    sonicrings GBAtemp Advanced Maniac
    Member

    Joined:
    Oct 7, 2012
    Messages:
    1,576
    Country:
    Canada
    Are the people suggesting he sue being sarcastic? I really do hope they are. There's no way you can sue Nintendo over fan art of their own content lmao
     
    Scott_pilgrim likes this.
  15. coon-strudel

    coon-strudel That one weird Furry Artist
    Member

    Joined:
    Apr 21, 2015
    Messages:
    545
    Country:
    United States
    Obviously the people who made this mistake aren't digging through their own resources...
     
    Scott_pilgrim likes this.
  16. aadz93

    aadz93 GBAtemp Official Psychonaut
    Member

    Joined:
    Jan 29, 2008
    Messages:
    850
    Country:
    Korea, North

    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 aadz93, Jan 10, 2021
    Scott_pilgrim likes this.
  17. 1B51004

    1B51004 GBAtemp Regular
    Member

    Joined:
    Nov 23, 2020
    Messages:
    181
    Country:
    United States
    Also, it seems Universal made the site so technically its Universal's problem

    either way its a sloppy mistake tho lol
    is it real? It's a bit blurry so I can't see it.
    Edit: nevermind, its from 2008, its just a meme lol
     
    banjo2, aadz93 and Scott_pilgrim like this.
  18. MetoMeto

    MetoMeto GBAtemp Maniac
    Member

    Joined:
    Dec 28, 2018
    Messages:
    1,104
    Country:
    United Kingdom
    Its maybe his render but its their property.
     
    Scott_pilgrim and aadz93 like this.
  19. DarkCoffe64

    Member

    Joined:
    Mar 30, 2011
    Messages:
    841
    Country:
    Italy
    After seeing how shittendo has become now towards anything fanmade, I see bootlegs under a new light
    lol
     
    MetoMeto likes this.
Draft saved Draft deleted
Loading...

Hide similar threads Similar threads with keywords - mistakenly, Nintendo, Nintendo