Illustrator Artwork Stolen By A Figure Studio (@YENI1871) - Honkai Star Rail 2.2
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- Опубліковано 18 тра 2024
- A Korean illustrator's firefly artwork, which gained significant popularity after being created on April 9th, was stolen by Halo Studio, who produced an identical firefly figure without permission. The illustrator discovered this a month later through a comment linking to a tweet from Halo Studio. Reacting swiftly, the illustrator tweeted that they had never been contacted or approved the figure's production and demanded that the studio stop selling the unauthorized merchandise. This incident underscores the ethical issue of intellectual property theft and the necessity of obtaining proper authorization before reproducing and selling creative work.
#honkaistarrail #hoyocreators #firefly - Ігри
I guess I will repost this reply into the comment section.
A lot of people confuses two things into one. The artist DOES own the copyright of the illustration that they draw, but they didn't own the character design as it's an intellectual property of hoyo. By the company acknowledgement as accordance to hoyo's rule regarding fanarts, the artist may post and distribute it on the internet as long as it's not used for commercial purpose. That also doesn't mean because Hoyo owned the IP, then they are able to use the fanarts as they please for a products. No, Hoyo can't do that, but they probably still able to redistribute the fanworks without alterations. Even if they did redistribute it, as far as I am aware of, Hoyo would still ask for the creator consent.
Now here is a third party, and some people argue that is the same thing. Well it is not because the studio didn't have the acknowledgement of the illustration's creator and very clearly the studio did an exact replication of the illustration in the 3D format as indicated from the concept, design choice, object composition, anatomical shapes and structure. All the changes are slight and only a side effect from being in a different medium.
Now let's talk about the process of creating 3D rendition of the illustration. I have experience in practicing both mediums so I believe I am qualified to offer an explanation. First some people said drawing and sculpting having different process, you are correct as drawing are about brush strokes and distribution of paint (pixel in this case) while 3d modeling are about vertices and topology. But the way to create an "illustration to 3d model" that looks the same as the illustration is similar to what you would call as tracing. Tracing itself is heavily looked down on the 2d art community as it's art theft if distributed publicly (as it infringes the right of the original creator). But why is it the industry standard in creating "illustration to 3d" model? Because usually the company who does that hires their own artist to create the concepts and have their hired 3d artist/modeler to arrange the vertices of the mesh in an exact placement as the illustration's silhouette to recreate it in 3d spaces. It is not really a viable option to just eyeball a reference to create an exact same 1:1 minimum difference 3d model. In this case they took the hard reference from a creation of unrelated, unconsenting party, as the base of the studio's product.
But what's fatal in this case is the studio didn't have the original fanartist acknowledgement and referring to the clause of Hoyo policies in regards to fanworks, create the 3d work for profit which are in direct breach of it.
Tldr; yes the fanartist have grounds to make an inquiry and it's their choice to just want credit or having it taken down. The studio will have problem with Hoyo as well as it is seems to be an unofficial goods.
Copyright is not the same as patent and trademarks. They are similar yes, but different.
To add to this, it’s unlikely that they will get in trouble with Hoyo. The case being is that there is little precedent of them taking cases against unofficial goods. (Last I heard, they had a purge campaign against small-timer game leakers and people associated with them.)
For Hoyo to be able to hold their case, Hoyo would have had to represent themselves and filed for copyright at the very beginning of their franchise for the court to rule in their favor. If they never bothered to protect it, why defending this one exception? Hoyo’s intent so far seems to prioritize building a community and enabling fan works, even allowing unofficial goods sold for profit. (Which is why if Hoyo tried to take it to court, ‘an exception’ wouldn’t have a compelling reason.)
A similar IP with a longer history of fan derivative works would be Sonic who has a thriving fan-game scene.
@@metallickandythe problem of this case that it was hurting other party, not just the consenting Hoyo which already let people make derivative fanworks of their IP.
1. It uses someone else creation and concept heavily to the territory of plagiarism. Just because they change the media into 3d means nothing. Check Jingna Zhang v Jeff Dieschburg case. As a recap Jingna is a photographer which have a photography she took, heavily referenced by Jeff dieschburg a painter for a painting contest. Luxembourg court dismisses the form of medium as irrelevant in determining plagiarism.
2. It is sold for profit when the illustrator of the fanart didn't even make their drawing into a product to be sold! Either taking an action or not it's already a fact what the studio did is a breach of Hoyo's fanworks policies.
This needs to be pinned
Hoyoverse actively encourages and supports fanmerch from smaller businesses, and even if you were a bigger business it's apprently not that hard to get a patent from them. They're very supporting of indie artists.
Sad that legally there's nothing the artist can do since they don't have any rights to the IP. Too many artists get their work stolen and nothing is in place to protect them from it.
What is there to do? Firefly DOES NOT belong to that artist.
If anything, Hoyoverse should be the one getting mad. Unless they get a cut from the figurines.
@@co7769 spoken like someone who isn't an artist
@@co7769 You are right , This Illustrator must be proud
@@co7769 that fanart belongs to the artist though
@@adriantepes4355 correct, the design is automatically copyrighted unless said otherwise, the artist has full rights to their design
Artists, for the sake of your mental health, do not read this comment section
Why i did not listen- God, i'm in insane rage after reading the comment section😡😡😡
im so angry rn
Thanks for the heads up brother
As an artist in self training myself, I didn't listen but thank you for the heads up.
Why?
Not only did they steal the concept, but they also made the figure into an NSFW figure, which i doubt was the original artists’s intention :/
I mean.The copy sure is bad but the nsfw? Are we not gonna take pity then to billions of artists and companies that have their characters become nsfw by other people? Clara,hook,bailu,caelus,stelle,xueyi etc never the artist had intent for those to be nsfw but other people will make it nsfw
So no point pointing out that part of detail cause that’s how it is and is the norm.There’s nothing in this world that doesn’t have nsfw.And 99% of them the original maker never intended for them to be nsfw
@@FD-wl7xq I mean you aren’t wrong, it is disrespectful to both artists and companies to make nsfw content of their creations. I’d say companies usually don’t care tho, cause if they did they would speak up. I personally don’t know whether this artist would care but if they did, then it is quite disrespectful to not only steal their art, but to tarnish the image the artist was trying to capture. That’s just my opinion tho, feel free to disagree 🤷♂️.
@@FD-wl7xq But the main problem is they’re SELLING it. Imagine you make your own character and someone draws them naked and sells it to thousands of people without crediting you at all or just asking for your input
The thing with average rule34 art is that (Fyi, i absolutely do not support nsfw of children) most of the female characters in hsr are fanservice which means they will expect people to make nsfw of them. Obviously not the characters you listed like clara, hook or bailu.
She’s literally naked as Sam. Who cares it’s nsfw
That sucks and disgusting. Pity the illustrator
People respecting artist challenge impossible
Artist should know more about copyright IP. If you are drawing, composing, or creating something from someone's IP, you are exposed to this one. You can't sue because you don't own the character IP. Also, hoyo can use your work for free because this is considered a derivative use of their IP, so even if Hoyo don't own your work, they have automatically exploitation license. In this scenario only Hoyo could sue that unlicensed company.
@@reizero246 thats why i said respecting, you can do it but its not ethical thing to do
It’s the go-to cookie cutter profession that all the high school dropout Twitterians glamorizes. What makes you think they deserve any sane human being’s respect?
Because it’s the go-to “profession” that every high school dropout Twitterians and their mother wants to pursue nowadays, lol. Too many cooks spoil the broth. Everyone respects professional artists like Kim Jung Ki. Not everyone respects artist appellants who act like they are the shit just because they post some doodles on Twitter.
Because it’s the go-to “profession” that every high school dropout Twitterians and their mother want to pursue nowadays, lol. There’s a saying “too many cooks spoil the broth”, and this is the perfect example of that. Everyone respects professional artists who stand out through sheer talent and style like Kim Jung Ki and Ilya Kushinov. Not everyone respects artist wannabes who posts the same cookie-cutter fan art and act like they’re changing the world (cough cough, that’s 90% of the self-proclaimed artists now).
The sadest thing is even among non-license Firefly figure this stolen art figure is currently the most pre-order Firefly figure in China...
its even more sad that its NSFW
Lol tell them to cry about it
and the artist won't get a single cent from it, damn
i was gonna buy it shame they delisted it
Its China huh,then the copyright infringement law is outta the window
It's very shameful to see a studio take an illustrator's design without permission and just sell it like that. And I want to apologize because it seems there is a slight error in the subtitles. It's 1 AM here, and I am very sleepy. I am very sorry once again 🙏
Did the studio ever actually discontinue production?
@@deguzmanninoangeloict2p555 the figure studio is a Chinese maker. Sadly, can't do anything since these types of makers don't even fear lawsuits by big companies that own the IP of the characters they make.
Complain to every storefront selling preorders on it, take note of which do the right thing
Why did the artist stole Hoyo character design? Wouldn't it be better to create an original character?
@@NaganoharaYoimiya-bs7hb Oh yeah, "stole". So you know about fanart lil bro?
"B...b...but if artist can do it, why the corporation can't do that to?😭😭😭"
Because it's fanart about character, artist doesn't stole a character's art, artist did it in his(her) own style and never said it's his(her) character.
Corporation just used his fanart and this illustration looks like artist's fanart. They even didn't add nothing new. Do you understand lil bro?
Some of yall don't know how Hoyo's fair use works when it comes to art, which allows artists to use the characters in art copywrite free. That artist was in the right. They drew the art, it's theirs by copywrite. The figure studio STOLE their art, therefore that is not 'fair use', that is plagiarism and art theft.
Finally some good news.
Is this real though? I hope it is. Not to be disrespectfull, but it seems like you are in contention, because the other comments i had saw, show some dissension against your comment.
But anyways good luck for the artist.
@@RocketRaxer It is. A bunch of the people in here are A. Not artists, and B. Haven’t read the copyright for Hoyo.
@@AstroStageC. Yet they still can’t do anything about it, lol.
@@yuuri-wr4et pardon? I don’t mean so be rude, but I don’t understand what you mean-
But the copyright doesn’t transfer, does it? As far as I understand it’s still a case where only Hoyoverse has the copyright and can sue for it, not the artist.
The problem is that they sold it. I'm pretty sure the artist would not have a problem if someone just made a figurine recreationally inspired by their work. But stealing someones art to make profit off of THEIR work is the problem.
Didn't they steal the character to begin with? You can't copyright fan art cuz it's off of already copyrighted things 😂
Pretty sure it's in the terms and conditions that they have the right to use any fan art for promotional material
@@zacziggarot They didn't steal the character because 1. Fan art is fine. However that company or whatever did not sculpt their own version of a firefly, they took an artists and profited off of it. 2. I'm pretty sure that isn't mihoyo.
@@Ellie-bj2uw fan art is fine, but when you want to start complaining that someone stole your design of a character that you didn't make originally understand that you don't own the rights to that character 🤷 idk if firefly ever had that little section of mask covering her face like that in game, but even if they didn't, they didn't design the character or the suit, so there's nothing original to the artist in the art. If it was an OC character then yeah, I'd be up in arms with you about them getting screwed over, but it's not their character so they don't have any rights to the art. If I were to draw a character in a pose and then someone released a figure of them in that pose I wouldn't be able to do anything about it because it wasn't my character to begin with
@@zacziggarot mf didnt knew fair use exist, and its different than copyright.
@@zacziggarotyes, do you think it’s ethical to steal an artists fan art or design to make a profit out of? fan art can be stolen, so that doesn’t undermine the point that the figure design is not original. just because the artist can’t do anything themselves doesn’t make it right in a sense. plus the figure company is still in the wrong if they sell the unofficial figures.
yall are so dumb oml, fanart belongs to the person that drew it. drawing fanart is not character theft. copying someone's artwork IS THEFT
Yeah sorry bro but it's not, the moment you do a fanart of a character that doesn't belong you that shit is public property already lmao. There is like 8 more cases like this where figures makers pic viral fanarts and make them a figure for sale. One of the recents is The power from chainsaw man one
@@DantalianNtechnically they still stole it even if it's a fanart but since it isn't official nothing can be done.
here a easy explanation for dummies
illegal? no
Scummy practice? definitely
@@DantalianN Okay currently a business student still learning so take my word with a grain of salt, but basically it’s unethical, yes it’s legal in some countries but it’s still unethical and is frowned upon unless credited. Furthermore mihoyo also uses fan art for advertising with proper crediting and even pay.
@@DantalianNYou should seriously start reading laws before spouting whatever you believe it's true. Fanarts are copyrighted by the authors, not the companies. Artist not persuing legal battles with multimillion dollars companies doesn't make the law suddenly change
Okay currently a business student still learning so take my word with a grain of salt, but basically it’s unethical, yes it’s legal in some countries but it’s still unethical and is frowned upon unless credited. Furthermore mihoyo also uses fan art for advertising with proper crediting and even pay.
Sadly The artist cant do anything about it, but mihoyo(hoyo) can.
i doubt they will do something about it
Mihoyo can because they own the ip the problem lies in bootleg figure company
@@erealze7277 I think it's Chinese company but I doubt hoyo is gonna do anything about it.
Let's be honest outside of exploiting their players what good would it do them to sue the ones that sell the figures
They can if they want to but I doubt it. There's already a ton of unofficial nsfw genshin figures in the market. Same goes for anime and other franchises. Most companies just don't want to deal with it.
The Figure looks so good, I wish they just fu king asked and gave the Artist their Money.
Edit: Ive read in the comments the figure is nsfw, thats probably another reason why they didnt asked in the first place.
Yea unfortunately the website the figure is selling on is mainly nsfw figures. Not sure if the concepts of those are stolen as well, but the website is known for their nude figures of a bunch of different characters
@@rui.superfanAnd Gamers will call it based to stick it to the woke.
The problem is, that illustration is made using a software and the actual product is rlly ugly
Yeah the artwork was just a portrait, the figure was full body, the design was from a game.... so hard to sy if its fully stlen.
Best they could do is just move around some parts of the upper body...
@@xenosnakethe artwork was the entire body tho, besides the feet. For obvious reasons it wasn’t shown.
I hate this because its legal in some means and countries but very unethical
It's legal in most countries even the us because it's a derivative work.... 2d turned 3d is enough of a change to consider it a different product
@@kapeecoffeeIt is not legal within the framework that the offending vendor is profiting off an IP whereof they were not an original proprietor of. The plaintiff (Mihoyo, in this theoretical case) would have substantiative claim towards the infringing work (the figurines) in the US court-but not thereof all unlawfully earned corollary profit. You see, as the fanartist’s work has a demonstrably distinguishable artistic purpose (see: Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith)-original character versus visual-artistic parody-it is not only fair use, but a creative object in its own right capable of being misappropriated itself. Ergo, since the figurine in question demonstrates an essential similarity to work of the fanartist without being sufficiently transformative, the claim may be split between two different parties, with the settlement being drawn pro rata [between the main plaintiff and the fanartist]
@@sciolist3109 plaintiff in question allows such works to be made for profit so long as it's not substantial enough to ruin the profits of their ip.
Perfect examples are landscapes/sculptures privately owned being painted/photographed at scale to be sold for profit.
And them they said: hoyoverse art can not be claimed, so you do not possess the right of that artwork.
I already see something like that happen and was a sad end
Son of the nice lady. This art is never belonged to Hoyo, it belong to this specific artist. What the fork are they thinking????
@@duyinhhoang5472The artist in question does not have the right to the character’s likeness from the beginning. Any art they create using that likeness has no basis of copyright since they themselves are merely allowed to use that likeness by the owner, i.e. Hoyo.
@@GewalfofWivia nah bro, the artist only doesnt have copyright about FIREFLY but not the artwork. in this case the artist cant claim firefly as their character, but still can sue for artwork stealing. the artwork itself has different copyright. even hoyo will still credit the artist they commissioned if they didnt buy the artwork copyright.
fyi in a piece of art sometimes theres so many level of copyright, if the one who draw it, the one who own the character and the one who commissioned the artwork are different person
@@lettersboi1926 In any case the figurine is NOT the artist’s work. It is a 3D object whereas the artist only created a drawing. The *likeness*, again, does not belong to that artist.
@@GewalfofWivia you're right, i did some research on this topic through Reddit however, stealing the fanart doesn't make them any less of a shitty person
People are saying a lot about the awful comments here but thankfully they seem to have been overrun by comments supporting artists. I've even learnt that mihoyo/hoyoverse is apparantly really progressive(?) When it comes to backing up artists. They credit, compensate and even defend artists which is cool. Of course, there's probably still something negative you can find about them on the basis that they are a company but I'm still damn impressed at how positively people are talking about them here
nope, it's disappeared, either they are deleted by yt (because of report) or by the channel 😂
I think it's because they themselves grew from being fans of things so they're appreciative of fanart and artists with imagination like theirs
@@KoenSkySea This. Also, in terms of gaming, they learned from their mistakes with HSR. They gave us literally everything we've been asking for for years. It's just too bad that they didn't add these things to Genshin as well, but maybe some day? Fingers crossed!
Looking at the comments, I fear for the next generation
Ai is already handling that
The comment section is just disappointing af :(
Damn,.... i guess most ppl comment here dont even read hoyoverse's term agreement of fanart usage.
And what that might be? Hoyo allows people to profit out of fan merch of their IPs. When an artist draws a piece of work, they own the copyright of the work, but not the character.
If this figure was not liscened by Hoyo, then that's where the problem lies
@@sakiamira "when an artist drawa a piece of works, they own the copyright of the work, but not the character."
II. Fan art creators may not register the relevant content of the creation as a trademark in any country or region, nor may they register copyrights, patents, etc. for fan art and/or fan-made merchandise in any country or region.
No, the artist do not own the copyright, while they allowed to sell their fanart (must declare if the unit sold is more than 200/500 and be approved by hoyoverse)
Again please Read the term of agreement what hoyoverse provide for fanart. Especially if you are an artist.
@@hykzqwmx2930 Finally, someone who talks the talk about reading the terms and actually quotes it.
@@sakiamirabro went hush mode
@@hykzqwmx2930 Actually for Star Rail the limit is 300.
as an artist, i wish i never looked at this comment section
Same
Why?
@@TheBenedictchan1 no respect to artists
Idiots that don't know the pain of just seeing someone profiting of of their own work without any permission.
It's like that one meme where one guy made the joke and the other said it louder but even worse.
The level of disrespect to artists is unreal
these comments do not pass the artist vibe check :/
Um… Are the people in the comments afflicted with “don’t remember what fanart is” brain worms? Fanart is an incredibly common practice, and to use it as a “gotcha” is genuinely idiotic. Like, obviously the Korean artist doesn’t believe that they’re the only person who is allowed to draw Firefly from HSR, nor are they claiming that they own the design of Firefly. The issue is that the studio that made the figurine, instead of coming up with an original version of Firefly, instead opted to directly copy the fanart of the Korean artist exactly.
But that doesn't matter since they turned it into a 3d model.
Unless they made 2d acrylic stands of the art work 1 for 1 then that's a violation of copyright.
Isn’t this the same studio who copied someone’s power cosplay, like with the thong position and all
that studio was Dodomo i think
@@blad1102it is indeed dodomo
Wait what wtf I need more context
I hate how artists are demeaned like this
That's like the time Kalashnikov concern stole a design of a smart shotgun from a video game without permission.
This comment section degrades artists
Sadly it’s nothing new in this day and age. Art and especially artists are not valued or treated well by consumer or by corporations. They’re treated as content machines by the public and expendable by corporations. It’s depressing as fuck and the worst part is neither of those groups seem to care.
@@HowlingOneifyI mean artists are already being used to fuel the AI art machine that is constantly growing so did you really expect any better?
@@TheBenedictchan1hope for the best, prepare for/expect the worst. Just because something happens so often it's been normalizes doesn't mean we should hold it to a lower standard of critique
@@HowlingOneify Because it’s the go-to “profession” that every high school dropout Twitterians and their mother want to pursue nowadays, lol. There’s a saying “too many cooks spoil the broth”. Everyone respects professional artists who stand out through sheer talent and style like Kim Jung Ki and Ilya Kushinov. Not everyone respects artist wannabes who shit out the same cookie-cutter fan art and acts like they’re changing the world (cough cough, that’s 90% of the self-proclaimed artists now).
@@HowlingOneify Because it’s the go-to “profession” that every high school dropout Twitterians and their mother want to pursue nowadays, lol. There’s a saying “too many cooks spoil the broth”, and this is the perfect example of that. Everyone respects professional artists who stand out through sheer talent and style like Kim Jung Ki and Ilya Kushinov. Not everyone respects artist wannabes who posts the same cookie-cutter fan art and act like they’re changing the world (cough cough, that’s 90% of the self-proclaimed artists now).
My friend (who's a big artist in his fandom/community) did an illustration for class (printing techniques class, we had to do T-shirts) and decided to share it in Twitter and talk about the class, and how he would make a pair of T-shirts with that design for him and his brother, not even a day later a follower sent him a link to redbubble because they were selling T-shirts with his same design. He couldn't contact anyone and sadly it's still in redbubble. He was considering printing and selling T-shirts, but now he cannot do it because of that :')
Companies be like: BuT yOu DoN't OwN tHe ChArAcTeR
Neither do them and basically it's most of the time non oficial merch so... If you go deep on the problem he can delete the ilustration from the forums but the company cannot undo the making of a batch of figures
its all fun and games until Hoyoverse backs up the artist
The artists own the illustration. That's how Hoyoverse works.
after reading the comment sections
i keep forgetting that kids are on the internet now
You do realize that even if it’s kids delivering the message, it doesn’t mean that the message is any more wrong or right if it were to be delivered by anyone else.
@@TheBenedictchan1 Isn't it common sense not to copy artwork and sell it?
@@TheBenedictchan1 Well the problem is, most people lack any morality here xD
and mostly trying to screw over or bad mouth artists
Why does literally everybody say "Omg they so from mihoyo" Like they literally gave credit and didn't claim this character to be their own creation. That'd be like saying every single piece of fanart is stolen material.
Tf are these comments talking about??? Yeah they dont own the character but they used his illustration for the model's work, do you guys even know how hoyoverse copyright even works???
They one who doesn't know is you. Go read the bluepost, it clearly says that fanart artists may not register any copyrights/patterns/trademarks/etc. The ones who own the rights of the fan artwork are Hoyo.
@@weewee5219 But the artist still hold the intellectual property as their own. You can't just take someone's art and sell it as figurine just because it's a fanart. What the fuck are you even saying?
@@weewee5219 Don't talk like you understand law when all you did was a quick google search LMAO
@@cc_cate in this case they dont, the term and agreement for fanart on hoyoverse clearly state that.
II. Fan art creators may not register the relevant content of the creation as a trademark in any country or region, nor may they register copyrights, patents, etc. for fan art and/or fan-made merchandise in any country or region.
@@hykzqwmx2930 you missed the "relevant content" part. Without the fancy term, this part of the term means that the artist cannot claim nor monitize (which they clearly didn't) any content that is relevant toward the intellectual properties of MiHoyo (i.e. The characters, etc.) They can still, however, claim their own drawing as their intellectual property, as covered by laws regarding intellectual creations.
So basically, in a case where an artwork would be created featuring assets from MiHoyo, the Artist cannot monitize or claim the assets in the art as stated by MiHoyo, while *nobody elses* can claim or use said artwork, especially for profit, as governed by the law.
First, Some unregulated Chinese companies are known to do things like this to both stave costs and make profit, and the legal system there is nigh ineffective to the extent that it can backfire on yourself if you try to sue them. Things like this just never get pursued if a Chinese company is involved.
Second, Copyright issue in this case has NO relevance whatsoever, as even illustrations of another’s IP are gray areas.
At the end of the day, the is mostly just a deadzone.
The figure actually slaps. But the artist is right.
Hell No
The brain rot I get reading some of the comments here
Yeah bro fr, these ppl r idiot. They can't even differentiate between ethical or not, sht even They try to look smart without knowing what actually happen 💀
It's soooo stupid when someone stole original artist's idea 😔
If i cant make money off my work i sure as hell am gonna fight tooth and nail to make sure some bums dont either.
Being an artist online these days, ESPECIALLY on Twitter or anything touched by the zuck just means you get disrespected left and right by people who have never had an imaginative thought in their life and no hobbies besides consumption.
♦️♦️ Some of the people here don't get it. The original character might be from Hoyoverse, but the specific alterations of that artist's fan art were copied by a random studio instead of that studio just copying Honkai Star Rail's original Firefly. They really go out of their way to copy that fan art instead of the real one. They didn't even inform the artist they'd copy it and whether they agreed or not.
I mean, as much as I hate stealing artworks, this is a bit of a complicated case. Fanartists don't have the IP rights to the character. They didn't create Firefly afterall. Plus, the studio didn't just "steal" the artwork but made it into a 3d figure from scratch. So it's a morally gray area imo, I don't see it as "stealing artwork". I hate studios that steal artwork and just apply it on a shirt or something, but this is a different case.
Except they don't just steal Firefly,the studio litteraly copy the design of the artwork 1 to 1. Hoyo has never portray Firefly in such manners, only the artist did so yes the studio did steal the design from the fanart
if you refuse to acknowledge it as art thief,its plagiarism then... the artist only cant claim firefly as their character but not the artwork itself. it hold different copyright. the artist can still sue the studio for artwork stealing or plagiarism and bring it to legal action if they want
@@lettersboi1926 depends on the country you live in as copyright laws can be pretty strict or pretty lax depending on where you are. In a lot of countries this would be a completely losing case anyway as the studio turned the 2D artwork into a 3D statue from scratch, which would make it a derivative work. It would usually be a copyright violation as unauthorized derivative work is a copyright infringement, but that is only if the fanartist owns the IP, as their fanart is unauthorized derivative work too to begin with. In a lot of countries, not owning the IP already makes it difficult to claim anything on the basis of copyrights anyway.
So yeah no, I don't know the state of copyright laws in Korea (and even less in China where the studio seems to be based), but at least in the country from where I graduated lawschool from, this would be a losing case for the artist.
Totally agree, i don't want a long debate but the "artist" think he created the "Firefly" character. Just because a random company make a 3D model of similar looking pose
But if that is the case then Hoyoverse should sue the artist for making something out of what they "originally" make
The world is not fair in every way but when the original source allowed those then you can't complain if someone copy or took an "inspiration" Out of your own "inspiration". The artist should learn to make original character first to understand, can't expect less from a "artist" who take other creativity and claim its their own
@@therrogue1193 so by that logic the artist has stolen the design of a character from the hoyoverse and just changed clothes. Same thing basically.
interesting… 🧐
Its kinda hilarious to see copyright talks from a channel which uses a voice of an actual person for audition purposes
I have been already been warned by other people to not look at the comment section for the sake of our mental health as an artist who is still learning. Genuinely. Wtf? Why the hell are you all non artists in the comments section defending the Halo Studios when they stole an art and made it an nsfw figurine without even crediting them? And I'm not sexist, but I know most of you guys commenting about still buying the figure and not caring are men. As I scrolled more I saw a comment saying that "PLOT TWIST IT'S AI ART SCAM ARTIST SCAMMED HIMSELF, DOG EAT DOG, RIP BOZO" By j0nnyblade. why the hell would you state that it's AI "art" after Yeni spent HOURS working on a singular artwork? I am sick of seeing these people. Do better, boo hoo if you're defending Halo Studios
EDIT: You know if that kinda shi happened to me, I might well would stop posting and quit. I am sick of you non artists defending the wrong. I am close to quitting art for this one video. Do fking better.
If it wasn't stolen i would have bought the figure
sadly, this is not only the case for artist, many company copy each other's idea in daily basis. that's why people usually won't be allowed to leak anything until it distributed commercially.
This world is full of people who want to take advantage of others, so be very careful about your work, be it creative works or technical.
Yeni our goat 🗣️🔥
the artist should sue the studio for stealing their design
Looks like its from China, and china gives 0fks about copyright laws
They can’t because it’s fanart… it’s the hoyoverse own.
The Hoyoverse is the one who should sue the studio, the use of honkai character for commercial use without license is illegal
They can't win since they aren't stealing the 2d image and selling it. They turned it from 2d to 3d making it a derivative work.
II. Fan art creators may not register the relevant content of the creation as a trademark in any country or region, nor may they register copyrights, patents, etc. for fan art and/or fan-made merchandise in any country or region.
This is pretty common for unlicensed figure companies to do this
Hm... I dont know about this one you sind it was a month apart till they sold it and usually it takes around 3-4 months till a studio actually produces figures not only 1 since its a lot of work... like I collect for like +10 years and and I've never seen a studio doing anything that quick... maybe its a coincident
So you're telling me they got from RnD to Launching the product with just one illustration in just roughly ONE month, and even managed to copy the art almost to an exact T... ONE month and they already had products to sell, that to me sounds more fishy than anything else.
The point is that the artist doesnt own the characters copyright, he cant do anything here
To the "people" who are defending the stupid studio what will you do if someone stole 20-30 days worth of money work from you? wouldn't you cry like a little baby for the entire year losers?
II. Fan art creators may not register the relevant content of the creation as a trademark in any country or region, nor may they register copyrights, patents, etc. for fan art and/or fan-made merchandise in any country or region.
Average figurine studio
Nothing much that can be done tho since only Hoyo can take legal actions since they own the rights to Firefly
“Adults only”💀
while Hoyoverse may not have legal obligations if they did not use the exact artwork, the ethical obligation to respect and credit fan contributions remains significant, particularly in maintaining a positive relationship with the fan community.
I don't get why so many companies do this like many artists would happily give you permission to use their art for stuff like figures if you just ask and sign a contract with them.
That thing just went in my twt
...and did they?
Damn the disrespect for artists here is insane
Saw another tweet of the firefly figurines (they had dan heng il n firefly splash art as figurines) n said it was their graduation works. R they the same ppl?/genuine
So, its just normal days in Twitter then 💀
Even if they did it's not against standard copy right law.
The product has been turned into 3d from 2d which is considered derivative work.
Let's all use some sense first here and not feelings. If i an artist gets my art stolen to be turned 3d ofc I'd be a little mad about it but ofc i can't do much, instead ofc reaching out and talk about a collaborative partnership that benefits both sides instead of crying about it.
This happens a lot with figure companies from china...
Giving this incident as a context to ChatGPT to ask and learn more about copyrights law for fanarts was W and saved my time. Surely, it can't be THE most accurate legal advices and information but good enough for me to at least get a grasp of how-it-works. Also it was hassle free.
its a banger and also used for nightcore that how it was so good as an artwork
I was going to buy it though 💀💀💀💀
1. Korean artists have to power in Chinese copyright courts.
2. The Mihoyo fair use rule which allowed the Korean artist to make this illustration is the exact same rule which allows the Chinese company to make the model.
3. 2D art =/= 3d real world physical model. This is true even if this were an American copyright cliam.
All I see in the comments are people who mistakenly think drawing Mihoyo fanart means you own anything. You don't. Mihoyo does.
Hot take: I think studios and/or original creators SHOULD be allowed to take inspiration from their fan's creations & use them for profit. It's their character after all. The artist chose to draw someone else's character instead of creating a new one, so they should always expect something like this to happen.
But while I don't think it's wrong for them to profit off this guy's work, I think they should've at least credited him in some way, or share the profit with him.
except the figure studio under scrutiny isn't tied to HYV, they're just unlicensed scum
I actually have this illustration as my phone wallpaper, only when its unlocked though lol, March 7th is my lock screen
Sucks to suck artist already has no rights to that ip in the first place...the minute you draw someone elses property its immediately fair game
im not encoraging the figure studio.
But didnt they make the model from scratch?
Yeah they stole the idea/ copying it but it's not the same format (from 2D to 3D)
And the art itself is a fan art so this is just the "guy said the joke louder" situation
Them not reaching out means they never had plans to monetarily compensate the original creator 😡
I feel constantly stared at….
this is very common and happens all the time
I would never buy anything from that studio ever again. That's just plainly sick.
Oh wow, that crazy
i honsetly HATE IT when big companies steal.. god bless!
There isn’t enough originality in the art to justify the backlash. There ain’t much to go on, to begin with. It is also plausible to believe that some other artists also came up with the same design.
That's a huge stretch. Literally everything in the figure looks the same as the illustration
Bro, I hate it when people steal others' work. That artwork looks fire, too. They're talented.
People should understand term and condition when they upload something to internet.
I get she’s an artist. But she’s using the games art, to make money. She can’t get mad when it happens to her🤷♂️ it’s not even her character💀
Sad
But the figure looks nice
Sound effects every 3 seconds is destroying my braincells
The figure looks so amazing only to realise the design was stolen 💀 I mean I thought they're benefitting in some way but nope scammed 💀
I think I've also heard of a similar case carried out by the same studio 🤔
This comments section makes me lose my braincell.
Well since it’s a Chinese studio there’s nothing you can do about it, happens to UA-cam video too Chinese takes video and translated post right into their platform and profit.
I think that studio stole a different artists design before too. So this hasn't been the first time they're doing this but please correct me if I'm wrong.
Let my merch bravely sell the figs
Soaring past consent
To raise the monthly pay
legally they can do this, but this is just morally wrong
knowing so many things are copied by chinese company i doubt they would listen a single artist
its sad, but thats how it is
nahhh, im good. buying that as we speak
It’s probably would of been an amazing figure if only they actually asked the artist first
Ai: allow me to introduce myself
Someone really need to figure out a method to protect these artists bro,stealing art has been around for years but now that there are ai bullshit around,it adds oil to the fire.
Edit:The numbers of morons in my comments defending this immoral behavior has increased from time to time and im not planning to argue with any of them.Arguing with morons on media isnt only a waste of time but also futile due to the fact that they'll only get offended when i correct them with facts instead of being mature and learn their mistake.
Become there is nothing to protect?
1)Artist does not own the character.
2)Studio did not copy the fan art, as they made a figure and not a t shirt featuring the fan art therefore at best it is inspired.
3)As art is of a character owned by different entity artist does not have a full, but only partial ownership at best depending on country.
So to begin with fan art legally shouldn't exist as it is unlawfully use of character, but noone just stops them to begin with cose irs not worth it.
@@piece-kun4168 people do fanart cause its fun and something fun should be protected as well
Fanart is also a great way for artists to show and practice their skills.
All your points are completely ignorance of the rights of the artists.If your mind is still silly enough to not be able to understand my points then goodbye,ths conversation is over thanks to you being a moron.
@@piece-kun4168Your the type of person to say to an artist you'll pay them in exposure
@@piece-kun4168 at this point actually the artist do have rights to at least credit to their arts since u said it was inspired. And if fanarts didn't exist then there will be no anime events with full of button badge designs n all , in this stage they should at least contact to the illustrator before doing the figures, eventho it is not their own character ,they spend hours or maybe days to make the art
The problem is, the artist has only the rights of his art. He can't claim ownership or any rights on a different product, that he is not his to begin with. If I drew a Mickey Mouse art and someone made a Mickey Mouse plushie, I have no rights on it as it is not my original character to begin with. By this logic the biggest offender here would be the character who draw Firefly, without asking Hoyo for permission.
Why didnt they just ask? Its common to make gks of illustrations with permission so they could just done that easily
Tamil(தமிழ்):
That illustrator to the studio: என்னோட artwork க திருடிற?....Bloody Rascal....வெக்கமா இல்ல
Yelei en ley tamil translation inga. Iruku
@@Kazuki.tempest12 I know
@@ShadowKaiser205 ok bro
Dei yaru da neingalam 😂
@@titansking5100 naanga normal makkal
The comment section broke my heart.
Maybe those people got paid by AI arshit to degrade every real artist
I think I came across this figure on Twitter today. It was stolen? That's messed up. YENI has some amazing artwork though.