this post was submitted on 13 Sep 2024
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Mildly Infuriating
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How can they claim the design is theirs when they based the drawing on design by Bungie?
Companies still shouldn't steal fanart. If a fan makes something they like, they should work with the fan to make it official in a way that satisfies both parties. The community would love seeing that, and the company would get what they want for a reasonable price, and probably still cheaper than paying their own artists.
A comment lower in the thread says Bungie has reached out to this person, and are handling it well, which sounds great!
It sounds like both parties made derivative works.
The initial design was from Bungie, then someone else made a derivative work from it. Bungie didn't go after them for it.
Then some artist at Bungie made a derivative work from that work, and the fan artist complained.
Technically, neither party can legally go out and make and distribute derivative works. Probably both were in the wrong there.
The fact that Bungie left the fan art alone, didn't send lawyers after them initially, doesn't mean that Bungie has rights to go make and distribute a work based on the fan art.
So, from a purely-legal standpoint, they've probably both got grounds for a copyright complaint against the other; Bungie could theoretically have the fan art distribution blocked and the fan artist could block distribution of Bungie's derived pistol (though not the original, pure-Bungie pistol).
Maybe I just don't remember how exactly Ace looks in game anymore and the fanart has tome unique take the Nerf company took? I just see Ace of Spades more or less how I remember so that might be why I'm confused