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Brian and all of you should read this (Very important)
Surfing the web I found an article about a bill that is being processed in the US government, and it will afect all creators, musicians and almos anyone who has posted anything on the net.
More info here. Make yoursef be heard. http://mag.awn.com/index.php?ltype=p...no=3605&page=1 By the way. That is a good website for you interested in animation and the like. |
If things are as bad as the author of that article say then we have something to be worried about.
But I'm having trouble finding information on the bill. I did find this site though. And I know better than to find the bill and try and make heads or tails of it. http://http://www.asmp.org/news/spec2008/orphan_update.php For anyone interested in knowing what's going on but hates lengthy reads the article Hank links to stipulates that the "Orphan Works" bill will allow any unregistered piece of art to be considered "orphaned" and free to use by whomever. That's hardly a problem for sprite comics since the author's usually don't own the sprites in the first place. And the registration would just become another part of the publishing process for printed works. Drawn webcomics and photographers have something to worry about though. |
it DOES affect sprite comics.
Let's suppose I myself am part of the orphan works community. I enter here to the 8-bit thater site, and I find that Clevinger hasn't paid to register all his 977 comic strips (So far I don't think so) then I go ahead and register them as orphan works, then I make them all MINE, so I can therfore sue Brian for using all (The now mine) comic strips, and then I put them in a pay-per-view site. It even works for not so important things, like the 8-bit logo itself. I can now register it, and sue Brian for using it whitout my permission. Apply that for all the snapshots you all have in facebook, or Myspace, or whereever you have post a picture or a drawing. They can become part of this scheme. ITS MADNESS. |
Brian doesn't own the artwork of the sprites, Square does. So to try something like that would be inviting a lawsuit from Square. Those sprites are registered/trademarked/whatever you want to call it. They aren't orphaned.
It does affect everyone with original custom sprites that aren't modified or borrowed from elsewhere, though. |
Square might own the character, but in the comics you can find many things brian has made himself. Like certain sprites for character emotions, the simple color swap for ninja thief, backgrounds, aracnadude, the Bulk, and more important the whole story, as it has been told with images, anyone would pay to register the images with all and the text on them (I know, I'm sounding paranoid, but it can happen)
I know Brian may not be at as much risk with the light warriors as the VG cats dude is with is own comic, but now that I remember... I bet he hasn't pay yet for Aaaaall those nice sketches of atomic robo I've seen around the net. Once again, I know I sound paranoid, but it is a true danger for all of us who make some kind of art on the internet, and there's a lot of people with the money to purchase popular franshaises flying around (Like this one) to put a price on them for the public. |
As far as I understand it Brian does own the copyright for Atomic Robo and his design so by extension anyone trying to profit off Brian's character without giving him his fair share would also be inviting a lawsuit...it's awfully difficult to sue someone for using a sketch of a copyrighted character if they hold the copyright. Regardless of if it is fan-art, it's still Brian's registered character and as such he should be protected. If he hasn't copyrighted AR then maybe he has some trouble but I suspect he has as it is a work for profit in addition to entertainment. Also it falls under the heading of Intellectual Property I think.
I see your point but I think your examples are maybe a little rough around the edges. And I'm kinda being devil's advocate in a sense I spose. There are plenty of artists who have cause to fear something like this. |
"Brian does own the copyright for Atomic Robo and his design"
I suppose. "anyone trying to profit off Brian's character without giving him his fair share would also be inviting a lawsuit" With the law as it is today, yes. If they aprove the orphan bill... NO! because he hasn't register all his drawings. "it's awfully difficult to sue someone for using a sketch of a copyrighted character if they hold the copyright." Once again: With law as we have it today, yes. Otherwise you HAVE TO REGISTER ALL YOUR DRAWINGS or they will become orphan works, and ANYONE can register them. "and as such he should be protected." You're right... HE SHOULD. But with the bill on law he won't. "your examples are maybe a little rough around the edges." *Giggles* ... Yeah, I know. But they all are true... I know the tread I've posted is a little too long to read, but there you can find out I'm not exagerating, read it, also, Igbutton's link is also usefull. |
Intriguing. So instead of copyrighting your character and it being all-inclusive people will be required to copyright every fucking individual drawing of anything everywhere?
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DING DING DING!!!
YOU'RE RIGHT!!! ISN'T THAT A $%&/( MADNESS!!!? In the future you would see on any darn magazine a picture of you and your girlfriend on a trip, printed without your permission because "It was an orphan work uploaded on internet" and you won't recieve a penny out of it. I read that the one bastard who came up with this brilliant idea was Mr. Bill Gates... So ANYTHING on the internet would become his for takeing. |
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