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
Discussed in this episode:
"Photographer sues Capcom for $12 million over stolen art allegations"
GameDaily Biz - June 7, 2021
Juracek v Capcom
Filed June 4, 2021 (Conn. District Court)
"Subject matter of copyright: In general"
17 USC 102
"Exclusive rights in copyrighted works"
17 USC 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
"Movie director says Capcom copied his monster for Resident Evil Village boss fight"
Eurogamer - May 10, 2021
"Limitations on exclusive rights: Fair use"
17 USC 107
"Surfaces: Visual Research for Artists, Architects, and Designers (Surfaces Series)"
"Integrity of copyright management information"
17 USC 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:
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.
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.
PODCAST VERSIONS ALSO AVAILABLE
The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.