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

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?

 

Worst game of snog, marry, avoid, ever!

 

Can't wait for a rom hack to be used in the next selection of Switch Online Service games!

 

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.

 

Yes, he drew a copyrighted concept, he sure gonna sue for it kek

 

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

 

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.

 

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/

 

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.

 

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."

 

Who the fuck even notices shit like this

 

I'd ask for a commission. Actually, I would be honored to have my artwork stolen like that; it was obviously good enough for Nintendo!

 

That person would get laughed at for trying to sue someone that owns that IP.

 

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

 

Obviously the people who made this mistake aren't digging through their own resources...

 

Nintendo's rebuttal:






Edit-I just actually read that c&d

 

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

 

Its maybe his render but its their property.

 

After seeing how shittendo has become now towards anything fanmade, I see bootlegs under a new light
lol