Bungie Stealing Fan Art? Destiny, Derivative Works, and Copyright (VL548)
353Fans want to support and create in the universes they love and Bungie's Destiny universe is no different.
But what happens when the owner of that universe uses a fan creation in its own material? What are derivative works and what does it mean when they are created without permission?
Why is it very difficult to get the legal protection an artist might otherwise have in almost any other circumstance? And why are "fan" guidelines not the answer to the question?
Perhaps that wizard came from Deviant Art...in Virtual Legality.
#Bungie #Destiny2 #FanArt
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PATREON - https://www.patreon.com/VirtualLegality
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STORE - https://teespring.com/stores/hoeg-law-store
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CHAPTERS
00:00 Introduction
01:35 Bungie Uses Fan Art in Trailer
05:20 Copyright and Derivative Works
11:05 Bungie's Fan Guidelines and Largesse
14:51 A Common Refrain
19:01 Conclusion
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Discussed in this Episode:
"All this deception. All the lies."
Tweet - September 24, 2021 - Destiny 2
https://twitter.com/DestinyTheGame/status/1441448447668723714
"‘Destiny 2’ Used Xivu Arath Fan Art For New ‘Witch Queen’ Trailer"
Forbes - September 25, 2021
https://www.forbes.com/sites/paultassi/2021/09/26/destiny-2-used-xivu-arath-fan-art-for-new-witch-queen-trailer/
"Some more dreamin of miss Xivu Arath"
Tweet - October 30, 2021 - Mal E
https://twitter.com/relay314/status/1322156864939925514
"Exclusive rights in copyrighted works"
17 USC 106
https://www.law.cornell.edu/uscode/text/17/106
"Definitions"
17 USC 101
https://www.law.cornell.edu/uscode/text/17/101
"Copyright in Derivative Works and Compilations"
Circular 14 - Copyright Office
https://www.copyright.gov/circs/circ14.pdf
"Guidelines On Fan-Created Media And Art"
Bungie Website
https://help.bungie.net/hc/en-us/articles/360049201911-Intellectual-Property-and-Trademarks
"Marvel is stealing fan-made Star Wars content; they’re not even giving credit to the artists...... Again!"
Reddit Thread - 2 Years Ago
https://www.reddit.com/r/StarWars/comments/dy9218/marvel_is_stealing_fanmade_star_wars_content/
"Several people have mentioned..."
Tweet - September 16, 2021 - James St.Onge - Art of Engineering
https://twitter.com/aoEngineering/status/1438648778702086153
"SNL Just Stole A Sonic Fan's Art (And Put It On National TV)"
The Gamer - May 11, 2020
https://www.thegamer.com/snl-stole-sonic-fan-art/
"Disney Producer Apologizes For Stealing YouTube Creator's Tower of Terror Work"
ScreenRant - September 22, 2021
https://screenrant.com/tower-terror-art-work-disney-youtube-stolen-apology/
"Limitations on exclusive rights: Fair use"
17 USC 107
https://www.law.cornell.edu/uscode/text/17/107
"Could be that his work was a fair use and copyright protected."
Tweet - May 10, 2020 - Leonard J French
https://twitter.com/leonardjfrench/status/1259638713333809152
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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
https://www.youtube.com/playlist?list=PL1zDCgJzZUy9YAU61GoW-00K0TJOGnPCo
DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.
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Twitter: @hoeglaw
Web: hoeglaw.com
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DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.
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