Is this asset too similar to its inspiration?
Sunday, March 11, 2018 - 17:13
I basically made a weird "thicc" creature inspired by British Gaming Icon Horace, and a friend of mine rigged it, and I was wondering, is the design too similar to the original to be usable as an open piece of game art?
For reference:
So, is it too similar to the original, or is it okay if I post it?
Probably not. The question is: is this inspired or derived? Did you use any part of the original as a guide or base to create the 3D model? Beyond that, it can't be the same character; don't name it Horace, etc.
--Medicine StormWell, I couldn't have used the original as a base given the original was a sprite! I used (part of) a PD model as a base, and some pics of the "original" as a vague reference point, but that's it!
So, what would you recommend as a name for Not-Horace? Ecaroh? Hornache? Love Machine?
"PD model"?
Looking into it more, I have to say what you describe may be enough to be considered a derivative as weird as it is. It's a bit of a borderline case, but I've seen people get into an IP debate for making a 3D rendition of Crono from Chrono Trigger. Even though he was given a different name, it was clearly the character Crono, so it was arguably being considered fan art of the trademarked character. I actually wouldn't recommend openly licensing it, but I'll let you use your judgment.
--Medicine StormI think the "PD" is for Public Domain. The base was a model in the Public Domain?
The original is such a simple sprite. Seems like someone could splat blue paint on a canvas & the owners could claim copyright infringement. But again, anyone wanting to create a yellow 3D sphere with a wedge cutout of a mouth would obviously be questioned about Pac-Man.
Edit: It doesn't sound like a derivative to me. Fan art, maybe. Inspired, definitely. But, I'm not a lawyer. :)
hate to say it, but to my eye this one does cross the copyright line.
Mostly because it is readily identifiable as a 3D representation of the original sprite character.
If the model had an extra hand or three chest holes instead of two, then I think you'd be pretty safe.
But as is, it really is a dead ringer for the original which I think could get you into trouble.
that said, it's a really cool model! It's a very funny looking sprite, and you did an excellent job bringing it into 3D.
https://withthelove.itch.io/
Well, the "too similar" comment seems to be the consensus, but thank you for the compliment!
Tho, I must add, I didn't rig it, it was my good buddy Peketo, a pretty great 3d modeler in their own right, who did. But, now I'm wondering where a good place to host it would be. Maybe Blendswap?
@titleknown: DeviantArt