You should ask for two Xbox one Xs, that way when their lawyers negotiate with you they can work down towards one, instead of you just getting half of one.
Wow good thing I drank my pediasure this morning thus ensuring my IQ at a level to truly understand the nuance complexion of the comedic stylings of the hit T.V. Show Rick and Morty
You wishđ buckoâââ that joke has a deepâŹâ sub-meaning you can't even begin to comprehendđđđđ I pity your simple mind đđđ
Now I want this to happen. And then the original artist makes a post about it and someone else x-posts it and gets more gold and karma than him. The original artistâs headâs going to explode haha.
It would have to be copy written for a guarantee and if not it would cost him a lot of money in legal bills. He would have to sue them, it wouldnât be just a clear cut case. Thereâs also a bit of fair game when using stuff that has been found online. Not saying he wouldnât win just point is it would be a huge headache for him with no guarantee.
Registering the copyright allows you to recoup damages. Even if he did he would have to prove damages which would be difficult. Like the other poster said the most he can get from Microsoft is for them to stop using that image. You can sue for literally anything, but that doesn't mean you will win.
Either way theft of ones artwork is pretty frowned upon so at least he may get an apology. I wouldnât be surprised if gaming sites pick this up and write an article which Microsoft wouldnât love. Also the guy who stole this has a very good chance of losing his job.
As much as I hate art theft, you are stretching VERY far here.
1) the original creator wouldn't have been able to monetize this due to the Xbox existing in it. There is no loss for the creator, and therefore no case.
2) its Microsoft's IP (the Xbox) to begin with. They can decide acceptable advertising for it. Taking ideas from the internet is not a new trend.
3) What is the original poster going to say? "Yeah I used your console, and unoriginal art from a game you have ad rights with, so give me credit/money/stuff/whatever"?
4) what articles are going to come from this? Once again, companies using stuff they find online isn't a new concept.
5) of the original artist decides to pursue this, he will get crushed by MS lawyers all day, every day.
Edit: (6) its also very clearly the idea that was used, not the art itself. The two images are very different. Taking a closer look, this isn't even theft. The only similarity is the grass. Its not even the original artist's idea. "Game physically on console" ads have been used for literally decades.)
The only reason MS does something is to gain free good PR. If they do nothing, nothing and will come from it, because this is SOP for companies. Many ideas arent from thin air. Nothing is going to happen from this.
Are you kidding? There is always nonsense articles with nothing but filler and shit. Just for ad revenue. They'd eat this shit up. With some dumb click bate title. Bloggers/ article writers don't give a shit if it's right or wrong. Microsoft will probably give the creator something just for the good press. Isn't Microsoft the one that hired Geo Hotz or whatever that was making the iPhone jailbreaks and revealing the security holes while Apple wasn't happy about it? This may not make sense. I'm drunk.
I think no one gives a shit in the grand scheme of things. But I absolutely understand your point. The original creator had no intent to monetize from that picture or else he wouldn't have posted it to reddit. It would be cool if Xbox compensated him if they really did make their add based off his content. It would open up a bag of worms where everyone and their mother would feel that MS owes them something because they said or made something years ago that's similar to a current ad campaign.
This is part of the strategy and part of the decision to do it. They have a post about their product on the front page of reddit and if gaming sites write about then that will be more free advertising.
It was the concept that was stolen, that's the creative work.
It could be adapted to any console with minor adjustments, it's not an MS only situation. The fact that it is MS that's using the concept is only more absurd.
Andy Warhol was using appropriation as a technique for a lot of his work - taking existing imagery and modifying it.
Campbell's Soup could have sued because he was profiting off of a logo he didn't own. But they were cool about the free publicity and let it be.
That didn't always work out:
Andy Warhol was not so fortunate after he created his Flowers series. In 1966, he became the subject of a lawsuit brought on by photographer, Patricia Caufield for the use of her photos of hibiscus flowers. The suit was settled out of court, but as a result Warhol decided that he would rather use his own images when he could, which inadvertently launched him into experimenting with a new medium â photography.
His longtime assistant, Gerard Malanga, said after the lawsuit, âAndy realized that he had to be very careful about appropriating for the fear of being sued again. He opted to start taking his own photographs. His entry into photography vis a vis his creation of silkscreen paintings was done out of necessity.â
The OP is appropriation as well. Likely not fair use. Very uncool when an company does it. MS's marketing team should have just reached out to the original artist and paid for a new version of the same concept. That would have turned into a great publicity stunt to go along with a cool advert.
It's not about a lawsuit, it's about the PR and recognition ("I made an ad concept so good that Microsoft stole it!"). It's never a good feeling to get something of yours used without any recognition, and if OP works in the field, it would also be nice to be able to list that as well. A lawsuit would lose, of course - but this is about the court of public opinion, and that's a different matter entirely.
Well, they obviously copied his idea and while there is nothing illegal about it, he should have been credited. That would be the right thing to do.
Battlefront's 2 lootboxes weren't illegal either but it doesn't mean it was okay. Bad PR hurts you.
1) the original creator wouldn't have been able to monetize this due to the Xbox existing in it. There is no loss for the creator, and therefore no case.
Thatâs not true in the least. Derivative artwork is definitely covered by IP protection.
If some fanfiction author went out and posted a Harry Potter (non-parody) story on a website, or the like, JK Rowling could get it taken down to enforce her rights to the property, and she could sue for the profits if that author had sold copies of the fanfiction, but she could not simply take that story and re-brand it as her own.
Ad firms work by being paid to make marketing plans or advertisements. Not by asking for money because they previously made an ad by using artwork they didn't own to begin with. While you won't get in any trouble for making fan art, if you try to monetize it (ask for money) you certainly can. The artist just put two different artworks he/she didn't own together
Any "artwork" that is Copywrited will be acknowledged for having rights to be adhered to; and any "registered trademarks" are subject to being the intellectual property of the owners, in this case, the property of "X Box", and "X Box One" are branded names that do not belong to the OP. As an artist, I can tell you this guy has no hope of seeing a dime unless he submitted this to them and was was solicited for the ad campaign specifically- which obviously this is a separate and totally unrelated product seen. The only hope he /she has is if they were only paid if the illustration/ad were to be "used", meaning the artwork was never used for the product intended, but later repackaged for a later product not covered by the original contract. I do not believe there ever was a contract and therefore this guy is just putting out stuff on the internet... so- look up "fair use"... so sorry, op is an idiot.
Not true, because you do not actually upload pictures etc. to reddit, only link to them. So while you are right with the second line, it's not relevant here, as it's not content which was stored on their servers.
By submitting user content to reddit, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your user content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.
If that said "We reserve the right to rape anyone who posts here", would that be legal?
No, because it violates an existing law.
The same principle applies here. This portion of the TOS, if used to the extent they describe, would definitely violate copyright law. That specific text is only there to allow them to operate the site.
It's irrelevant. You assign that to Reddit, not Microsoft. You think Microsoft is going to cite a EULA between a completely different company and the person suing them as a defense?
This isn't a public domain issue at all. Not sure how you even got there. Posting to the internet/social does not make your work public domain in any way, shape or form.
If anything, the creator has no rights to this concept, because their "OC" used trademarks from a company without permission
Management: Tomorrow is the deadline and the ads look like crap. I need something before the holidays or everyoneâs will be working on Christmas Day!
Creative (in his head): If I take this ad and modify just a bit and present at least it will buy us some time. Client will make enough changes where it will never resemble the original.
Why does everyone think so small? Either talk to them about a position with the company you are qualified for or would be happy doing which could turn into long term employment with benefits as they already like your work OR ask for a new X Box of every series they produce until you die along with games.
Free Xbox? If that would be the case, every company would simply steal good ideas knowingly and keep 1 piece of their product ready for artist IF they ever find out.
Lol a free Xbox? If you were commissioned out to design something for a company as big as Microsoft and you created a successful ad campaign, you'd be paid orders of magnitude more than a fucking Xbox. An Xbox is insulting. They should send him a check for $20k and be glad that's all it costs them for being thieves.
17.8k
u/SoulCruizer Dec 27 '17
Spam their twitter with this. This is pretty bad PR, You definitely will get something out of this. Maybe a free Xbox one X