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Chiptune Commission

Hello everyone,

I opened up for commissions for chiptunes (old-school video game-style songs) and one of my watchers sent me $20 to do a cover of the "Adventure Time" theme song. Is this even legal, considering I'll probably post it on FA? If not, I should probably refund the money.

I took a request for a public-domain hymn a few years ago, but this is entirely different.

Thanks for any advice.

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Comments

shukivengeance
May. 16th, 2012 06:31 pm (UTC)
The homestuck trolls' horns are actually really distinctive and that's probably what makes it different.
radcatastrophe
May. 16th, 2012 06:58 pm (UTC)
Not really, I can even tell animals with the same horns as the Trolls.

Aradia Megido: Ram/Sheep
Tavros Nitram: Bull
Sollux Captor: Dinosaur (there's a few double horned ones)
Gamzee Makara: Gazelle

The only "original" horns are Kanaya Maryam, Vriska Serket, Equius Zahhak, and Eridan Ampora. But you cannot copyright a design, that's a whole 'nother legal matter within itself. Besides, whose the say he was the first to come up with the horn types? For all we know someone made them before him, which would mean his whole webcomic is infringing someones copyright.
shukivengeance
May. 16th, 2012 07:05 pm (UTC)
I'm no copyright lawyer but I'd say the combination of shapes combined with the candy corn striped colouration makes it obvious what they are and what it's referencing. Not saying I agree with Hussie being so lawyer-happy, but the horn design does stand out.

Whether he stole the design somehow is a hypothetical issue that cant be assumed to be true without proof.
radcatastrophe
May. 16th, 2012 07:08 pm (UTC)
They do stand out but anyone can throw on a candy decoration of some horns like that. If he really didn't want people recreating the horns he'd have a patent on the designs. But I don't blame him for his lawyers actions, I don't think they even confronted him with my question, he's allowed a lot of people to sell and recreate the characters in fan art so I don't know his actual take on the horn designs personally.
shukivengeance
May. 16th, 2012 07:23 pm (UTC)
But the design of a set of horns doesn't meet the requirements for a patent so that makes no sense. http://www.bitlaw.com/patent/requirements.html
and really your "anyone could do that" argument could apply to any design ever. Pacman is a copyrighted character with a distinctive design and he's just a yellow circle with a piece cut out.

Anyway I just noticed this is very off topic so this will be my last response on the matter.

Edited at 2012-05-16 07:23 pm (UTC)
radcatastrophe
May. 16th, 2012 07:34 pm (UTC)
I didn't mean just a regular patent, I meant a design patent (http://en.wikipedia.org/wiki/Design_patent) which Namco could have for their Pacman design, the character (all charcters) are given copyrights by default, the design of a character needs to have a patent to ensure no one uses it without permission and if they do they have to deal with a fine or legal dispute.

My last response on this as well

Edited at 2012-05-16 07:35 pm (UTC)
sigilgoat
May. 16th, 2012 07:29 pm (UTC)
There's no such thing as "patent" on designs, but yes, his designs are very easily recognizable.

Also if someone were selling them as a set of "Homestuck Troll Horns"...it's pretty freaking obvious.

I don't blame him for wanting to keep his Intellectual Property in his own control, especially since he does sell merch.
radcatastrophe
May. 16th, 2012 07:35 pm (UTC)
sigilgoat
May. 16th, 2012 07:37 pm (UTC)
He's a visual artist, not a physical artist. You're not making sense?

There's no reason for me to have a design patent for my character designs as they are 2-D
spartanwerewolf
May. 16th, 2012 08:54 pm (UTC)
I looked them up; they're pretty much different variations and colours of Standard Goblin-y Creature Horns. I didn't find them particularly distinctive.

Not trying to sound dismissive, just pointing out what I see.

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