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Bioware/Lucas Arts claims ownership of all fan art
Nadia
Member UncommonPosts: 11,798
seen at massively
www.massively.com/2009/05/31/bioware-owns-you-or-at-least-your-fan-art/
Woody Hearn from GU Comics found inside of the Bioware Tems of Service on the Star Wars: The Old Republic website.
The paragraph in question (found in section 7 of the terms) essentially states that all fan art derived from any intellectual property of LucasArts and/or Bioware is explicitly the property of LucasArts and/or Bioware. So that stormtrooper picture that you drew? Yeah, it belongs to LucasArts.
Hearn has already explicitly stated that GU Comics won't be featuring any more Star Wars: The Old Republic or other LucasArts / Bioware titles until the policy changes. While he is covered under the fair use law for satire, any other pieces drawn by other artists may not be.
source
Comments
It can be stated all it wants... here... all fan art derived from everything is explicitly the property of me... sorry LucasArts. Just stating it doesn't make it so.
It can be stated all it wants... here... all fan art derived from everything is explicitly the property of me... sorry LucasArts. Just stating it doesn't make it so.
This thing has been blown way out of proportion.
Firstly, yes, I, too am pretty miffed about that. The only reason I am not outright enraged is because so far, BioWare have been pretty decent about how they handle that sort of stuff. So no harm no foul.
Second though, and this is really important. As the article states, that is in the Terms of Service. Therefor, logically, it onbly applies when you accept these terms of service, hence only applies to the boards. I don#t know why the comic-guy is making such a fuss about it in ragards to his own comic.
As far as I see it, this is more or less a safeguard against possible future lawsuits from silly people wanting to claim copyright on their material based on LucasArts/BioWare#s work. Which, in itself, is pretty logical.
Still, it's a pretty big swipe move and left a sour taste.
Which Final Fantasy Character Are You?
Final Fantasy 7
It can be stated all it wants... here... all fan art derived from everything is explicitly the property of me... sorry LucasArts. Just stating it doesn't make it so.
This thing has been blown way out of proportion.
Firstly, yes, I, too am pretty miffed about that. The only reason I am not outright enraged is because so far, BioWare have been pretty decent about how they handle that sort of stuff. So no harm no foul.
Second though, and this is really important. As the article states, that is in the Terms of Service. Therefor, logically, it onbly applies when you accept these terms of service, hence only applies to the boards. I don#t know why the comic-guy is making such a fuss about it in ragards to his own comic.
As far as I see it, this is more or less a safeguard against possible future lawsuits from silly people wanting to claim copyright on their material based on LucasArts/BioWare#s work. Which, in itself, is pretty logical.
Still, it's a pretty big swipe move and left a sour taste.
Yeah BioWare isn't trying to ram a rod up anyone's ass with this. It's just something to cover a loophole, and it protects them. It's not so they can come after you in anyway, claim you art as theirs.
I think it's like,
hey! we wanna feature your fan art on our front page because it's cool,
then you are all, ok cool.
2 weeks later you sue them for 1 million dollars for the use of your art on their front page.
So let's say I created a piece of fan artwork, and it's totally awesome... after posting it, BioWare totally has the rights to use it either as inspiration to something in TOR, for instance? Honestly I'd be so psyched if like, a SHIP I drew turns up in the game I wouldn't care one bit about the legal business. I'd just be happy about it...
BOYCOTTING EA / ORIGIN going forward.
Yeah, you and me both. But there's whack-jobs out there who would go to court and sue them over it and that's the main reason for this I believe.
Which Final Fantasy Character Are You?
Final Fantasy 7
You would if your profession was a concept artist... Nike took the swoosh from a college artist for like 35$... artists dont like to get screwed lol
SW fans are some of the most creative fans out there. Being able to use crap your fans came up with to promote your game is their right if you used their site to promote your fan art. Those who don't like that won't put any more fan art on their sites, hurting bioware/la's ablity to use it. You only get what you pay for. use there site for free promotion of your art. They use your art for free promotion of their business. Another reason using anything officially sponsered by a game company is a complete waste IMO. The crap in these forums is 100X better than the "official" anything for anygame.
I dont see this as bad or good..just as nothing is free. Not shocked that they claim ownership of anything on their site. Thats a reason its free to use their site.
See you in the dream..
The Fires from heaven, now as cold as ice. A rapid ascension tolls a heavy price.
ARTISTS also have ways of protecting their work, legally, and know well enough to do so before making them public.
BOYCOTTING EA / ORIGIN going forward.
Also it makes me think about what if, you creat art work, and it doesn't make it to some magical page or in game etcetc, what if your guild and create a gaming site, and you creat artwork tied to the title, and you do play the game.. and the Bio/LA people don't like yours and contact the hosting people to take it down... or whatever. You got no rights... and your free hand or graohics you worked on is not yours! I really don't see it as a money thing. I see it as a control issue of LA
I agree
its fully in their rights to do so too but I think it hurts more than helps community fansites
EQ2 fan sites
Sheesh... I am always split in this question. As someone who earns a part of his bread with drawing, I can understand people want to protect that they worked so hard on. On the other hand, when a company is as rich as Lucasarts, a little fan scribbling and satire comics should be allowed and free. I mean, within limits, it supports the hype either way, making it more famous and known.
Usually Manga & Anime from Japan are way more tolerant. There is a huge culture of fanart, and I rarely if ever have heard the Japanese companies sued anyone who draw their characters. They knew it is part of a fan culture, and as long as no one makes money with it, it should be tolerated.
Being so outspoken on "THIS IS MY OWN" is just a bad mannered way to handle things, and kinda out of proportions.
People don't ask questions to get answers - they ask questions to show how smart they are. - Dogbert
"For clarification, if you create any Content which is derived from any intellectual property or proprietary rights of LucasArts and/or BioWare (regardless of whether such Content is submitted to LucasArts and/or BioWare) such Content is owned by LucasArts and/or BioWare. You hereby assign all right, title and interest (if any) to such Content and waive any claims that you may have relating to such Content, including, but not limited to, claims for compensation, attribution or any moral rights with respect to such Content."
It seems to govern ALL SW related art, regardless of you uploading or posting it on their website. This also means the Padme or Han Solo in skimpy outfit your drew for your personal entertainment only. That is: as soon as you make an account and become by definition, a user of their website;
"WHEN YOU USE ANY ONLINE GAME, SERVICE or WEBSITE FROM ELECTRONIC ARTS YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE"
I reckon they will only use this rule as a means of protecting themselves. Still, the 'regardless of submitting' line seems a bit excessive. As far as I know most companies use an 'all art which is submitted' rule which leaves all the room an individual could want for parody.
To translate this to an theoretical example; IF SWTOR turns out to have plenty of fuel for parody and snide, and as an artist you own a site where you place SW inspired cartoons with a negative approach AND you signed up on their website, they are able to take legal action against you since you acknowledged that they own any SW inspired art that you make as long as they can prove that you are the same person.
My brand new bloggity blog.
I think you're overreacting.
I agree
its fully in their rights to do so too but I think it hurts more than helps community fansites
Nope it's not. They're creating a situation in which they're going to get crushed if they ever get into court. Fair use still applies and whoever wrote that agreement is a very bad lawyer.
Yeah, and every photo and art contest out there will be sued for millions as they all retain ownership of anything you submit.
Bioware/LucasArts have the right to retain ownership of any materials submitted by users as long as the user is notified first. Don't wat them to own your art? Don't submit it. Pretty easy solution and far less QQ.
-Letting Derek Smart work on your game is like letting Osama bin Laden work in the White House. Something will burn.-
-And on the 8th day, man created God.-