IP and copyright - How close is too close?

Join 500,000+ Artists

Its' free and it takes less than 10 seconds!

Join the #1 Art Workshop - LevelUpJoin Premium Art Workshop

Results 1 to 8 of 8
  1. #1
    Join Date
    Mar 2008
    Location
    Gold Coast, Australia
    Posts
    819
    Thanks
    397
    Thanked 796 Times in 280 Posts
    Follows
    0
    Following
    0

    IP and copyright - How close is too close?

    So I'm sure a few of you are aware of a little independent game development company called Halfbrick who are best known for their title Fruit Ninja.

    In short, I found a blatant carbon copy of it called Fruit Slasher and (I think) any reasonable observer can pin down the similarity, which is the standard by which we judge if an artwork has plagiarized elements in it.

    Here is the clone, available on facebook,
    and some gameplay footage of the original 'Ninja. 'Ninja is just better in all ways, really. Especially more visually engaging and visceral.

    How close can people cut it before we start bringing out the IP hammer? I don't know if Slasher is at all cutting into Ninja's profits by the mere nature of existence (and part of me thinks it doesn't matter) but I still don't like the idea that people in an independent social gaming market are adopting the same 'Me too!' design mentality of the AAA industry.

    Anyway. Intellectual property. Plagiarism or not? Or doesn't it matter?

    Last edited by Beeston; June 15th, 2011 at 09:24 AM.


    Jordan Beeston
    Sketchbook Livestream Infinity Wars
    Blessed are they who see beautiful things in humble places where other people see nothing. - Camille Pissarro

    Quote Originally Posted by kev ferrara View Post
    We do transmutational yoga and eat alchemy sandwiches and ride flying unicorns of esoteric freudian solipsism while googling anthropology. Whee!
    Reply With Quote Reply With Quote  


  2. Hide this ad by registering as a member
  3. #2
    Join Date
    May 2003
    Location
    Hudson River valley, NY
    Posts
    16,212
    Thanks
    4,879
    Thanked 16,671 Times in 5,020 Posts
    Follows
    0
    Following
    0
    I'm outraged! Nothing like this has ever happened befo...
    Oh wait, nevermind.


    Tristan Elwell
    **Finished Work Thread **Process Thread **Edges Tutorial

    Crash Course for Artists, Illustrators, and Cartoonists, NYC, the 2013 Edition!

    "Work is more fun than fun."
    -John Cale

    "Art is supposed to punch you in the brain, and it's supposed to stay punched."
    -Marc Maron
    Reply With Quote Reply With Quote  

  4. The Following User Says Thank You to Elwell For This Useful Post:


  5. #3
    Join Date
    Jan 2003
    Location
    Seattle, WA
    Posts
    1,341
    Thanks
    283
    Thanked 1,342 Times in 473 Posts
    Follows
    0
    Following
    0
    There are entire industries out there based off of ripping off ideas. Look at the movie company, Asylum. They had a movie called "Snakes on a Train" on the shelf a week before "Snakes on a Plane" was in theaters. They especially love it when a movie comes out with a generic name like "2012", because then they can release a movie called "2012: Doomsday". The entire idea is to either confuse someone or to get the people that finished the original movie/game/experience and want more but don't want to wait for a sequel.

    There's like 25 different Angry Bird ripoff games or just games involving chubby, round little birds. The entire point behind that is to grab those people if even briefly. And you know what? It works! Angry bird ripoff games are all pretty much in the top 50 Ihphone games. People eat them up.

    As long as you change a word or add a colon with a subtitle, you are good to go.

    Reply With Quote Reply With Quote  

  6. #4
    Join Date
    Apr 2009
    Location
    Northern California
    Posts
    5,234
    Thanks
    3,512
    Thanked 4,900 Times in 2,544 Posts
    Follows
    0
    Following
    0
    It depends a bit though...and it is somewhat different between art, music, games, etc. There are some clearly defined things that will get a company in trouble, such as reverse engineering. The thing is you can't copyright an idea, only the execution or implementation of the idea. So as Dusty points out, even though it is essentially a rip-off to any reasonable observer, as long as they made all their own art and created all their own code, there is no foul (except in an ethical sense maybe).

    What would Caravaggio do?
    _________________________

    Portfolio
    Plein Air
    Digital
    Still Life
    Sight Measuring
    Fundamentals
    Reply With Quote Reply With Quote  

  7. #5
    Join Date
    Apr 2006
    Posts
    801
    Thanks
    19
    Thanked 427 Times in 168 Posts
    Follows
    0
    Following
    0
    If the ultimate decision on what someone's IP is relies solely on the ruling of a judge, that can make a pretty wide gamut on what is and isn't IP.

    So it's not so much that you can just add a word and be good to go rather, people simply know its not worth the time and money to pursue in court.

    Reply With Quote Reply With Quote  

  8. #6
    Join Date
    Apr 2009
    Location
    Northern California
    Posts
    5,234
    Thanks
    3,512
    Thanked 4,900 Times in 2,544 Posts
    Follows
    0
    Following
    0
    Quote Originally Posted by DeadlyFreeze View Post
    If the ultimate decision on what someone's IP is relies solely on the ruling of a judge, that can make a pretty wide gamut on what is and isn't IP.
    Not really, there are very specific laws and precedents that have been fought out and put in place...it is not really a "judgment call" or open to much interpretation. Though you're right that often the decision on whether to pursue is dependent on how much someone is willing to spend.

    What would Caravaggio do?
    _________________________

    Portfolio
    Plein Air
    Digital
    Still Life
    Sight Measuring
    Fundamentals
    Reply With Quote Reply With Quote  

  9. #7
    Join Date
    Apr 2008
    Location
    Slidell, Louisiana
    Posts
    2,459
    Thanks
    424
    Thanked 383 Times in 364 Posts
    Follows
    0
    Following
    0
    What you have just described is another case of depends on the situation. Truth is, the whole 'what's ok and what's not' in the copyright sense is extremely complicated.

    The Louisianian Sketchbook You can Comment and Criticize if you want.
    My Newgrounds Profile Warning: Politically Incorrect thoughts, view at your own risk.
    My Facebook Site I normally hate these kinds of websites, but a friend of mine invited me.
    Louisianian artists thread If you're from or live in Louisiana, don't hesitate to post here.
    My Profile Nothing else needs to be said.
    Trillian: Request to be added first.
    Reply With Quote Reply With Quote  

  10. #8
    Join Date
    Aug 2009
    Posts
    1,147
    Thanks
    782
    Thanked 490 Times in 312 Posts
    Follows
    0
    Following
    0
    Yea, it happens, left and right.
    More and more of my little 3D models are getting knocked off to. I encountered one yesterday where I couldn't tell if it is just a really good close copy, or if the actual mesh was ripped off. Turns out it was just a very VERY close copy. Really lame, because on a grand scheme of things, I'm a nobody.

    ...so it goes

    Reply With Quote Reply With Quote  

Members who have read this thread: 0

There are no members to list at the moment.

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
  • 424,149 Artists
  • 3,599,276 Artist Posts
  • 32,941 Sketchbooks
  • 54 New Art Jobs
Art Workshop Discount Inside
Register

Developed Actively by vBSocial.com
The Art Department
SpringOfSea's Sketchbook