Borderlands 2 Lifts Artist's Work Without Permission

[Atmos Duality]

The internet hate machine apparently broke for a moment.
After all the irrational, stupid, immature babel I've seen slung this last week, it's good to see evidence of sanity elsewhere in gaming.

 

[Andy Chalk]

There's nothing to make right. They emulated his style, nothing more. It's also worth noting that the artist has commented on his twitter feed (multiple times) that he isn't even upset by it.

They didn't just emulate his style. Look at the background, it's taken directly from the Empire poster.

 

[Aardvaarkman]

A typical artist these days would be chomping at the bit for a copyright lawsuit and an easy payday.

Would they? When did you do your survey of how "typical artists these days" act? The vast majority of artists I know would be extremely hesitant to enter into legal action.

 

[chozo_hybrid]

Well done, a real class act. Shows people can be reasonable, I hope Gearbox patches the game to add him to the credits role or something just as a kindness.

 

[Joshimodo]

It doesn't really look like a direct rip, I think one of the artists may have had it in their subconscious however.

It's a direct rip.

Good to see lawyers being avoided by both parties.

 

[WhiteTigerShiro]

"...you can attract more flies with honey than by yelling on the internet..."

This is the internet, if you can attract the flies, they'll do the yelling for you...

But still, cool of Gearbox to own up to it and hopefully make things right.

There's nothing to make right. They emulated his style, nothing more. It's also worth noting that the artist has commented on his twitter feed (multiple times) that he isn't even upset by it.

Yes, he said he isn't upset, but he also said that he considered it an uncool move and acknowledged the theft. Also, Gearbox acknowledged it as well, what with saying they'll make it up to him. So, it really doesn't matter if you think it was plagiarism or if I think so - the artist does and the company that employed the plagiarist does, and they're both being cool about it, which is nice and which was the point of my previous post...

I never claimed to the final judge on whether or not it's plagiarism. Was simply pointing out that the artist has stated on his twitter feed (numerous times) that he isn't nearly as upset as all the articles on the matter make him out to be.

There's nothing to make right. They emulated his style, nothing more. It's also worth noting that the artist has commented on his twitter feed (multiple times) that he isn't even upset by it.

They didn't just emulate his style. Look at the background, it's taken directly from the Empire poster.

Yeah, I see it, now. Kind of a minute detail of the picture (honestly didn't even really notice it until I looked again), but a detail nonetheless. In any case, it's good to see both sides actually acting fairly civil about the matter.

 

[Gormech]

You're all missing the point.

The real news here is the GEORGE LUCAS ISN'T TRYING TO SUE THE ______ OUT OF THIS THING.

Really, look at all the random copyright infringement stuff that's gone on till now.

Remember the Bubba Fett thing a few weeks ago?

 

[subtlefuge]

If you hire a promotional artist to come up with insert art, and his idea is to emulate the style and arrangement of something that already exists, and you have access to the original artist, why wouldn't you want him?

Borderlands 2 might as well be printing money, and with that fact likely not changing any time soon, they can probably spring to hire someone who isn't lazy at least.

If it weren't for Thanksgiving/Christmas being so close, I'd buy Borderlands 2 right now. I just need the price to be in the $50-65 range with the Season Pass. The DLC on the first game was too exceptional for me to buy just the base game.

 

[Saika Renegade]

You know, good on both of them. Good on the artist for not immediately going into a fit of persecution-related histrionics (as a freelance artist myself and having friends who sell their works for a living, I have seen it far too often for my peace of mind), but good on Gearbox head staff as well for respecting an artist's works and taking responsibility for the acts of their employees, as well as not just snubbing the artist's claims.

It's nice to see two parties in an issue being mature, sensible, responsible adults.

 

[Strazdas]

somone draws a circle.
noone else is allowed to use circle in thier artwork becuase they are "copying his work" obviuosly.
pretty much this situation.
but at least both parties act cool.

P.S. i bet the guy who designed the borderlands artwork never even saw the picture he suppsoedly ripepd off.

 

[jFr[e]ak93]

ak93]These are the same how...

Stylistically, yes. But if that's the case, Top 40 artists would be in an eternal lawsuit with each other...

The middle-bits with the zig-zag lines is where it's been copied.

Oh, I see it now. Still a little sketchy looking, but I do see it now. Odd thing to rip off...

 

[punipunipyo]

Respect the artist for not making this in to K-Drama (slow clap). I think using the style, and play with portion of other's art is NOT illegal, after all, we recognized pop-art, and collage, right? I am glad for some company owned by a child like figure head (Randy; no offense, it's purely a complement) they actually are resolving this like gentlemen!~ good for both side... I awaits a day when 2 game companies solve lawsuit issue over a game of Q3A~~

 

[Steve the Pocket]

He can afford to be chill about it regardless because the artwork would have almost certainly been produced under a Work For Hire contract, meaning he doesn't hold the IP rights to the work - LucasFilm does... so a certain lazy shitbag might have dropped Gearbox into the sights of LucasFilm's legal staff.

Indeed. For that matter, if Gearbox had paid LucasArts some sort of royalty to use it, he probably wouldn't have seen any of that money or even known it was paid. So it's doubly fortunate for him that he didn't try to raise some kind of stink. He might have ended up looking pretty stupid.

 

[Comocat]

Maybe they will give him a diamond pony.

What I find strange is why the artist at gearbox copied such a minor part. Why not just draw a less ziggy-zaggy river and call it a day?

 

[Lancer873]

I have a feeling he'll be compensated rather... handsomely

. . . Go sit in the corner and think about what you've done.
OT: Yea, I'm with everyone else in that I'm happy to see them being cool and all about it. It certainly helps that it was a rather small deal too, nothing too blatant and detestable.

 

[GamingAwesome1]

I'm not really seeing the rip-off, honestly.

The only bit that looks even remotely similar is the black bit with the wavy white lines and even then it's a bit off.

Whatever, at least it's being dealt with in a fairly mature manner. I just don't see it, myself.

 

[CoL0sS]

I read some snarky comments that hinted at Gearbox lifting someone else's work, but they've made it sound more serious than it is. Big surprise
Anyway props to Gearbox for owning up to their mistakes and to the guy for not jumping at the chance to lawsuit his way into large paycheck. Incidentally, I'm still not interested in Borderlands 2.

 

[Jake Martinez]

Here's a slightly higher-res version of the comparison pic, which is a little easier to make out:



The style is similar, but the ridges are identical. Definite lift.

So? A video game sequel makes their poster a sendup to The Empire Strikes Back. It's a visual gag.

American copyright law even makes allowances for lifting pieces from someone else's work, with factors like whether the use was transformative, whether the portion copied was large or substantial, the effect of the use on the potential market. I'm not a lawyer, but I don't think copying the original poster could possibly hurt the original poster's value in any way, shape, or form. I'm fairly certain that Gearbox could go to court and win, and it would be a bitter waste of everyone's time.

You're absolutely right. The Gearbox employee who made this little homage poster (and it is OBVIOUSLY a homage) did nothing illegal, or in my mind even ethically wrong. I'm also very surprised that Pitchford is threatening his own employee over this... actually, I'm aghast at it as it's very ill informed and down right bullying just to score points with some reactonary idiots on the internet.

This is certainly not copyright infringement. In fact, without knowing intent I would just naturally assume that it is satire or parody (oh look, it's the borderlands cast as the starwars cast - definately parody).

Really, how come when something like this happens, the first place that everyone seems to go to is that this was some sort of malicious act, when it's pretty obvious that it's not and the purported "agrieved party" doesn't even agree that it is.

The freaking hate machine in the gaming blogsphere is amazingly insane.