Artstation copyright Infringement

General Forums Blender and CG Discussions
1

First of all: I’m not that good at English, so the following Question/problem isn’t that detailed described. Problem: I’ve got an email from Artstation
–> "
Hi Malte
, There has been a copyright infringement abuse report made on you for the following project"

The Artwork is a CR90 Corvette from Star Wars, I’ve modeled a 1/2 year ago. I’ve modeled it with help of following pictures, i found online:

Then I’ve textured and rendered it, and uploaded it on Artstation. Why do I get a copyright infringement report for this Artwork? At Arstation
there is an article, which says:

“Often ArtStation gets reports from an artist alleging that their design was "
stolen”
but in fact the offender had used their design as inspiration or reference for their own. The asset itself might have been created entirely by the other user. In general, ArtStation cannot take action in cases like this. We recommend that you speak to the user directly, or ignore it if it isn’t worth getting worked up over. Please don’t contact ArtStation for situations like these -
there’s not much we can do."

So what shall I do?

2

Unfortunately, if you yourself called it “a Corellian starship,” some trigger-happy lawyer representing Star Wars might decide that it is too close.

And to be fair, these lawyers are very much driven by a legal principle called the Doctrine of Laches, which basically says that if you do not defend your proprietary claim equally against “any and all” potential infringers, you might lose(!) those rights forever.

When asserted in litigation, it is an equity defense, that is, a defense to a claim for an equitable remedy. The person invoking laches is asserting that an opposing party has “slept on its rights”, and that, as a result of this delay, circumstances have changed, witnesses or evidence may have been lost or no longer available, etc., such that it is no longer a just resolution to grant the plaintiff’s claim. Laches is associated with the maxim of equity, “Equity aids the vigilant, not the sleeping ones [that is, those who sleep on their rights].” Put another way, failure to assert one’s rights in a timely manner can result in a claim being barred by laches. (WikiPedia)

Yes, intellectual property rights can be lost. For example, “dry ice,” “elevator,” and “escalator” at one time were registered trademarks – which were invalidated.

“If you say that it’s ‘a million-dollar race horse,’ but you don’t consistently behave as the owner of such a valuable thing would do, each and every time, then it must not actually be worth ‘a million dollars,’ or perhaps, anything at all.”

Ouch.

So, it’s entirely possible that someone is moving against you because they have no legal choice but to be able to demonstrate that they are not “sleeping” – that they are moving uniformly against “anyone and everyone.” You might well have no alternative but to remove your model and to re-design it so that it no longer resembles a Star Wars intellectual property, and cease to describe it as “Corellian.™”

You might also wish to “contact The Mouse.” What is their policy about such things? Can you ask permission? Do they for instance just want to see a propritary notice of some kind? (To counter the legal horror of “public domain?”)

But – "please don’t take it personally," because it really isn’t. Comply with the demand, then (maybe) step back and contact the Mouse.

3 Likes
3

There is a ton of fan-art derived from all sorts of IP on Artstation though. Half the content on the site would be gone if all of it was illegal and needed to be removed.

That said, fan-made imagery can get you in trouble if you are monetizing it in any way, and I’m not sure if a company has the power to ensure no one can do so much as post a rough drawing of Darth Vader on notebook paper.

4

Agreed – but “intellectual property law was carefully engineered to keep intellectual property lawyers gainfully employed.”

My next move, if presented with an adverse action like this, would be to – first, comply, then – seek out someone that you can ask permission of. “Willingly and agreeably go through the motions …”

5

Deviantart is evidently not the place to see a lot of attention to what is going on, so the original artist of the references wasn’t shut down. Artstation is much more visible to real industry work, and quite possibly it was much easier to be spotted that way. I’d take it as a compliment, and then take it down so as to not incur legal issues. Go about doing something on the same quality with an original design and be comforted knowing that industry level artists are checking you out.

6

Thank You very much for the answers. I’ve also modeled a X-Wing, and uploadet it on Artstation. I called it “Star Wars X-wing”. Do i have to change the name somhow? Maybe just “X-wing”?

1 Like
7

Did ArtStation removed your artwork? Until that, you’re fine this way. If they do, have your lawyer write them to have your artwork reinstated.
Basicly, until you don’t get a “cease and desist” from someone else’s lawyer, you’re fine. When you get one, then you have to decide…
In the end, it depends if it is worth the while to go a courtroom for it. Both for you and your challenger…
By the way: author’s right last for a very long time, so I thing it’s difficult to have "lacheses" here…