/ic/ - Artwork/Critique

>>3889859
and that's a good thing!

>>3889859
old news
https://www.cnet.com/news/blizzard-trying-to-crack-down-on-overwatch-porn/

>>3889859
the question they put themself is, "how much do I have to pay somebody to track down this person and make them remove their work?" if the answer is "A lot" then they wont bother

if you make yourself too easy to reach and you make money out of their IP, they will hunt you down

if I am wrong, feel free to enlighten me. I dont like to be wrong, not to be pointed out that I am wrong

>>3889863
t. somebody who doesnt have to work for their food

>>3889865
so its a case of
>X cares too much about how they are seen
blizzard doesnt care if porn is made of their stuff, they care to show kids' parents that they are not allowing this stuff. Otherwise they would have hope on this money train and take their share.

>>3889866
Instead of outright stealing property and assets from a person and selling an owned concept that is not yours why don't you put all that creativity of yours and create your own pornographic material that doesn't infringe copyrighted material?
>muh fanart!
So don't call your "fanart" the names of characters belonging to a franchise. No, calling it a tribute won't make any difference either.

>>3889872
Doing your own illustration using somebody else's idea is not stealing. Stealing is taking somebody else's work and selling it. Selling somebody else's illustration is stealing.

Writing your own book using somebody else's idea is not stealing. Stealing is taking somebody else manuscript and selling it.

Ideas cant be stolen. Ideas can only be shared or kept secret. The single situation an idea is stolen is when it was kept secret by X, and Y found it and shared it with Z.

An (character) design is an idea. Once your shared an idea with the whole word trying to keep ownership of that idea is idiotic.

Using assets from a game to make my own game is stealing. Making my own assets from 0 but inspired by your assets is not stealing.

Fanart is not stealing, and everybody who tell otherwise is somebody who never had ideas of their own and make something out of them. Try to change my mind.

>>3889859
I'm going to keep drawing fetish fan art and no one is going to fucking stop me.

>>3889887
*blizzard knocks on your door*

>>3889890
*proceeds to masturbate furiously*

>>3889890
*proceeds to masturbate furiously*
>Just a moment, I am almost there.

>>3889894
*gets embarrassed and runs away*

>>3889890
they would have to find me first, and good luck

>>3889866
>>3889872
>>3889887
>Bird Studio/Shueisha knocking down on these motherfuckers
yeah right, good luck we're behind 7 proxies
The only upside of living in this shithole is the fact that we're virtually untouchable by copyright infringement

>>3889883
This is just so wrong
I draw smut with large properties sometimes but I don't even credit that shit. If you use this as leverage for popularity or making money yeah you are stealing.

>>3889928
I am not seeing you trying to change my mind.

>>3889859
It's a "Blizzard/Nintendo/SquareEnix are jews when every other company don't give a shit" episode

>>3889872
China does it, so fuck you.

>>3889931
I'm not changing your mind because there's no point, but you should admit that if you use other people's properties for your own benefit you are stealing. Making a career on other's people's shoulders is parasitic behavior, especially for a supposed creative.
Keep drawing whatever and make money, but be honest for a second.

>>3889937
Yeah, but we're not China.

>>3889944
And? See >>3889919, spics does it too. Stop being a fucking cooperate cuckold.

>>3889946
Please stop making fanart.

Redpill me on fair use, /ic/.
From a legal standpoint, am I allowed to do Fan Art? Is it transformative enough or enfringing on copyright holders' property? I know most of them don't give a shit because it brings exposure and let the community do their thing but I'd still like to know.

>>3889938
>especially for a supposed creative.
>supposed creative
lol, who said I got into drawing because I wanted to be creative, and create new shit? I got into drawing because I wanted to put on paper what I have in mind, and that includes, yes, media I consume.

>>3889976
what a sad statement

yeah blizzard game porn artists have it way too easy

>>3889978
your supposed abstract art its a sad statement

>>3889986
>if you don't rip off creative people's work to peddle smut like a parasite you must be a yuppie who makes abstract art

>>3889993
even if you create your own stuff you couldnt possible not see the value in fanart

>>3889993
not >>3889986 but theres literally no such thing as originality, everybody rips off somebody else in some form or another unless you do abstract

>>3890006
There is a very clear difference between having influences and using properties that aren't yours to climb the ladder. I'm not telling anyone to stop because that's how the world works, I just expect people to be honest with themselves.

>>3889974
As long as you arent trying to pass it off as your own original creation or are making money off it nobody will care

Unless you live in Europe, at which point you will be taken to the corporate re-conditioning camps

>>3890009
properties shouldn't (and i dont think they do but maybe im wrong) apply to art unless you literally ripped it straight out of somebody else's creation (ie. ripping models from a game and tracing), if you made it its still your art regardless of the motive.

if ruan jia were to make money by selling this as a print, is it stealing? *thinking*

If you rip the model from the game and open them in MAYA or 3DSMAX. You will find that tracer doesn't have genitals. The character I draw has a pussy. Sometimes even a cock, depending in the situation. So it's not intellectual theft because it's clearly a completely different character.

>>3890019
>>3890029
comedy gold

>>3890019

Just to be clear here, are you trying to argue from your subjective morality, or the actual law?

>>3890033
As I said im not sure how fair use is applied when it comes to other peoples characters re created in your own interpretation but my point was made pretty clear above. Morality has nothing to do with it.

lol 'OK' Blizzard.

>>3889859
they only do this once every so often, but then they fuck off.Blizzard cant stop all the fanartists

>>3890163
>>3890163
Wrong thread? What are you trying to say?

>>3890024
fucking clone

That’s fine. You can only watch D.va taking it up the butt so many times before it gets boring.

>>3890024
From a legal standpoint yes.
He’s making unofficial art of a copyright character and making money off of it.
Most copyright holders don’t have time to crack down on every instance of this though. If they did then anime and gaming cons wouldn’t have artist alleys anymore.

>>3889859
What this has to do with art?

>>3890176
blizzard just banned the ok hand gesture because we clown world now

>>3889859
Overwatch literally prioritizes waifubait characters because they need the porn to sustain the popularity of their shit game. There's no way there would be a blizzard-wide porn inquisition when it's what SUSTAINS at least one of their fucking IPs

>>3889859
Why would they go after one artist when Overwatch was at one point the most searched result on Pornhub? Like, overwatch has some of the biggest r34 pools but they still went after one guy... Just because they could? I guess so, he was easy to identify and they got money off him.

But it's a stupidly Jewish move and bad pr just for a few thousand dollars their company won't even notice.

>>3890370
Unless Blizzard has finally succumb to the SJW mentality, which banning the guy who did the Okay gesture could be a sign.

Get Woke, Go Broke.

>>3889859
HAHAHA NIGGA JUST DRAW OCS HAHAHA LIKE NIGGA JUST DONT USE CANON CHARACTERS HAHAHA

>>3889974
All fan art is illegal. But they can't sue everyone.

>>3890163
Isn’t that hand gesture a alt-right symbol?

>>3889872
Lol so Blizzard is like “OC donut steeel!!!!”

>>3890396
It's not illegal until you try to sell it

>blizzard getting mad at people for 'stealing' their property by drawing porn of it - which perhaps arguably actually helps them - when they themselves have stolen from others many times
Heh

Friendly advice for everyone.

All fan art that is publicly displayed or distributed is potentially infringing, even if the act of creating fan art itself is not. Uploading fan art onto the internet qualifies as distribution. The only exceptions are fair use/parody and trivial usage. Both are narrower than most people believe. (For example, most pinup fan art would not qualify as fair use.)

Whether you sell your fan art can be a factor, but is not by itself an affirmative defense.

If anyone should find themselves in the unlikely position of being issued a C&D for fan art, follow it. Do not fight it legally, do not go to court. Your best recourse is to publicize it and choose to be a fan of another company.

>>3889859
Duno much about this guy but I think they only went after him because they he used their ingame models? They probably would have left him if he used if he didn't any that was roped from the game. Nintendo did a similar thing the super Mario bros z patreon.

>>3890163
now I want to draw blizzard characters doing this sign, but maybe later cuz I want to play some lol

>>3889883
That's not how the actual laws work, though.

The standard is, if someone can recognize your IP, then you infringed.

Blizzard allows - and encourages - fan art, even though it's not a license. They just choose not to pursue, unless it's stuff like porn, or commercial - they sued the private servers for IP infringement, and won.

Money is NOT the key to infringement. This is a vitally important concept for artists of any kind to understand. Damages are not required, simply the act of infringement, and publishing is, regardless if you charge or not.

If you want to make Overwatch porn and never show anyone, knock yourself out. But put it in the public domain, where a casual observer can recognize Blizzard's IP, you will lose in a lawsuit.

I don't really care if you change your mind, because if you're sued, the lawyer fees are your problem, not mine, but you really need to talk to an actual copyright lawyer before trying to educate people on the actual laws, with your blatant misunderstanding of how the laws actually work. Your advice will lead people to being sued, and losing, if they follow it.

I'm not defending the laws, as written. That's just not how they work.

>>3890039
Fair use is a defense in a lawsuit, not a license, and using it requires specific factors, none of which qualify for fan art.

Fan art is a grey area. Most companies, like Blizzard, allow it as long as it's not for money, or lewd.

Disney vigorously defends it's IPs, on the other hand, and have sued daycares for having hand painted Disney characters on their walls.

>>3890694
the law wont change if ppl follow it, change the mentality of ppl, and they will change the law

>>3890700
Don't be a neckbeard. You don't change laws by getting sued. Laws change when politicians have a reason to do it, and a couple of fan artists getting cease and desist letters from corporate lawyers isn't going to have a single effect on anything.

>>3890697
>and have sued daycares for having hand painted Disney characters on their walls.
christ

>>3890706
Don't fuck with the mouse. Google it. I think it was in Florida. Known that for years, they have a large legal team and deploy them at will. They're more litigious than anyone in Hollywood, even the record labels, and they're always suing someone.

If I got a commission to draw a certain character, would that be "making money off infringement"? Technically I'm providing a service to draw what people are asking me to, not selling the image as a product, right?
Obviously the drawn image itself might be an infringement, but I'm wondering if this particular situation would be considered selling it. Maybe I'm retarded

>>3889859
what about nesskain?

>>3890775
If you’re hired to rob a bank does that make it legal?
Just try thinking

>>3889859
Just draw your own characters. Or characters whose IP owners won't mind.

>>3890858
Obviously the image may be infringing but am I selling it or providing a service? I'm not questioning that it may be illegal nonetheless, but there is difference between the two cases

>>3890867
You’re providing an illegal service to sell an illegal product.
So both.
Your service is to make a product.
It’s basically the same thing

>>3890874

Not him but what if I do a "how to draw Tracer tutorial" and post it on youtube? The final product may be illegal but I'm selling the "how to" part

>>3890874
>You’re providing an illegal service
The end product (which is not exactly sold) is illegal, but the service itself (which is sold) is not. But yeah, I'm seeing the point, you shouldn't accept an illegal commission anyway.
Still going to accept those commissions, but probably going to deny any associated with these companies. Sorry for being brainlet

>>3890776
Nesskain doesn't really create nsfw content. The guy in the OP does 3d animation. They want to remove it because they use 3d assets straight from their games and try to make it look like official stuff, sometimes even using their logos. They don't care about 2d porn.

>>3890877
One last post from me. I have found out that according to my local laws, (binland), unlike USA and Japan for example, characters themselves do NOT get copyright protections, only individual pieces of art featuring them. Any others from here, please read this http://www.jussikari.fi/fanitaide-ja-parodia/

>>3889974
For the most part, it's technically illegal.

Your best bet for doing fan art though is to be extremely visible, share it in blizzards websites so it's obvious you're being a "good guy" about it. If people see someone who's doing things the "right" way and is just being a fan if the series getting hit with law suits it hurts the company. So the company is less likely to do anything extreme against you because it hurts their reputation.

>>3890882
>sometimes even using their logos.
ah ok, I stop defending the artist in question

>>3889894
>keeps masturbating
>"hold on, i'm coming!"

>>3890867
In both cases is essentially the same exact thing. The differences is the "damages" you'd have to pay. If you only sold it to the one person and he kept it for himself, there's not much in terms of damages. As opposed to making a knockoff wow game in which ever instance you sold the game that includes your art is now part of the damages. In both cases you infringed on copyright though.

If it's illegal then how have cons gotten away with it.

>>3891271
More trouble than it's worth to care and it hurts public image.
Same reason fan fiction is usually allowed to stay up, until an author throws a shitfit and it all gets taken down.

>>3891271
Cons themselves have no particular obligation to police infringing artworks, just as they are not in a position to judge which products are bootlegs.

>>3891271
they dont get away wtih anything

its just that anything goes until someone lawyers up. such is life in america.