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Society & Culture
Virtual Legality Episode 489

Precedent Evil? Capcom SUED for Allegedly Stealing Photos

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1m Jun 8, 2021
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Every artist uses "inspiration" to create their art including researching and referencing other existing material. But what happens when an artist uses such existing material directly?

That's what Judy Juracek author of 1996's book and CD "Surfaces" has asked the court, in a lawsuit that accuses video game publisher Capcom of using her photographs directly in games like Resident Evil and Devil May Cry without her permission.

Is she right? What does the copyright act say, and how does it work in a circumstance like this one? And why might we (and the complaint itself), be missing some of the most vital information to answer that question?

The real Resident Evil is lawsuits…in Virtual Legality.

#Capcom #Lawsuit #Photos


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Discussed in this episode:
"Photographer sues Capcom for $12 million over stolen art allegations"
GameDaily Biz - June 7, 2021
https://gamedaily.biz/article/2063/photographer-sues-capcom-for-12-million-over-stolen-art-allegations

Juracek v Capcom
Filed June 4, 2021 (Conn. District Court)
https://storage.courtlistener.com/recap/gov.uscourts.ctd.144789/gov.uscourts.ctd.144789.1.0_1.pdf

Exhibit A (Images): https://storage.courtlistener.com/recap/gov.uscourts.ctd.144789/gov.uscourts.ctd.144789.1.1_1.pdf

"Subject matter of copyright: In general"
17 USC 102
https://www.law.cornell.edu/uscode/text/17/102

"Exclusive rights in copyrighted works"
17 USC 106
https://www.law.cornell.edu/uscode/text/17/106

"Duration of copyright: Works created on or after January 1, 1978"
17 USC 302

"Capcom Accused By Dutch Filmmaker Of Plagiarizing Monster Designs In Resident Evil Village"
The Gamer - May 10, 2021
https://www.thegamer.com/resident-evil-village-dutch-filmmaker-report/

"Movie director says Capcom copied his monster for Resident Evil Village boss fight"
Eurogamer - May 10, 2021
https://www.eurogamer.net/articles/2021-05-10-movie-director-says-capcom-copied-his-propellerhead-monster-for-resident-evil-village-boss-fight

"Limitations on exclusive rights: Fair use"
17 USC 107
https://www.law.cornell.edu/uscode/text/17/107

"Surfaces: Visual Research for Artists, Architects, and Designers (Surfaces Series)"
Amazon Webpage
https://www.amazon.com/Surfaces-Research-Artists-Architects-Designers/dp/0393730077/

"Integrity of copyright management information"
17 USC 1202
https://www.law.cornell.edu/uscode/text/17/1202


"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.


DESIGN WORK
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.

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