?

Log in

No account? Create an account

Previous Entry | Next Entry

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.

Community Tags:

Artist's beware has moved!
Do NOT repost your old bewares. They are being archived.
https://artistsbeware.info/

Comments

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

Profile

A_B icon
artists_beware
Commissioner & Artist, Warning & Kudos Community
Artists Beware

Community Tags

Powered by LiveJournal.com