Fan Art vs. Official Movie Art - Oddly Similar

spiderfan08

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Hey guys, I posted this over on the Spider-Man forums in the manip thread but I wanted those who don't visit that part of the forums to be able to see and discuss this as well.

I made these posters weeks ago and sent them to a company along with my resume for a job opening that they have. Well, I haven't heard anything back from them since then and they just released (to my knowledge) some new posters that look oddly similar to the ones I made weeks ago.

Check it out!

comparison.jpg


Its kinda cool to see that my concepting is good enough on a professional level. Maybe this means I have a shot in the industry down the road. (Dream job!)
 
Well you know they sawe your art - problem is if you also posted them on the web, they're pretty mch free-for all Professional pieces probably should not go public if presenting to a company as a resume -
Besides if these are images you did not too bad



DoodleDude - I doubt very much you can sue The MOUSE they have very good lawyers - it's simply cost you a fortune to even try

Disney-Marvel would probably never even see the lawsuit

Besides if these are images you did not too bad
 
The problem with trying to sue Disney isn't so much that they have have more money and better lawyers as it is how you went about submitting your art work to them.

It goes along the same vein as if you submit art or a story to Marvel in hopes of being the next great comic artist or writer. If your submission includes any of their characters they own all the rights to them and can freely use any art that they have on file for advertising.

You used promotional photos that were the property of Marvel/Disney for your resume. Therefore they still own it even if you designed the background used. That leaves them free to use your idea as they see fit and change it accordingly based on their advertising needs. They changed it just enough to make it different than yours to protect their interests in the copyrighted properties.

Now if say you used an entirely photo manipulated image of a hero of your own creation with watermarked copyright on the image to show what you can do, and Disney comes out with a movie based on that image. Then and only then you might have a case. But only because it would be your property.

Here is an example.

Back in about 1997, myself and a few friends got together for an idea we had for an new comic universe. We were in the process of starting our own publishing company and were weeks away from releasing our first issue. Our concept? It was to bring superheroes into the real world. These heroes would be people that would just wake up one day to find they had super powers. the back story would have been found to have been creations of an secret government experiment. The idea fell through due to time constraints and money issues by all involved.

This idea we were working on was promoted in fan forums and chat rooms to see if there would be any interest in it. About nine years after we closed up shop without bringing out issue number one of the first of our titles ("the Dreamers") Heroes comes out on NBC. The story pretty much identical to our idea, only with different characters names and a few power changes. We never kept up on the copyrights so we didn't have anything to go with. Also since our characters wore the traditional hero costumes and the characters on Heroes did not, we didn't have anything to go with.

Great idea, but nothing we could do in court.

Next time use stock photos or ones you have taken yourself. make sure you copyright your images. You can do a poorman's copyright bu simply mailing ther art to yourself and not open the envelope. The post mark on it envelope will show proof of date of creation.
 
The first one is a generic looking over a city scape shot, nicely done as it is.

The second one though? Damn, that's blatant plagiarism.
 
The problem with trying to sue Disney isn't so much that they have have more money and better lawyers as it is how you went about submitting your art work to them.

It goes along the same vein as if you submit art or a story to Marvel in hopes of being the next great comic artist or writer. If your submission includes any of their characters they own all the rights to them and can freely use any art that they have on file for advertising.

You used promotional photos that were the property of Marvel/Disney for your resume. Therefore they still own it even if you designed the background used. That leaves them free to use your idea as they see fit and change it accordingly based on their advertising needs. They changed it just enough to make it different than yours to protect their interests in the copyrighted properties.

Now if say you used an entirely photo manipulated image of a hero of your own creation with watermarked copyright on the image to show what you can do, and Disney comes out with a movie based on that image. Then and only then you might have a case. But only because it would be your property.

Here is an example.

Back in about 1997, myself and a few friends got together for an idea we had for an new comic universe. We were in the process of starting our own publishing company and were weeks away from releasing our first issue. Our concept? It was to bring superheroes into the real world. These heroes would be people that would just wake up one day to find they had super powers. the back story would have been found to have been creations of an secret government experiment. The idea fell through due to time constraints and money issues by all involved.

This idea we were working on was promoted in fan forums and chat rooms to see if there would be any interest in it. About nine years after we closed up shop without bringing out issue number one of the first of our titles ("the Dreamers") Heroes comes out on NBC. The story pretty much identical to our idea, only with different characters names and a few power changes. We never kept up on the copyrights so we didn't have anything to go with. Also since our characters wore the traditional hero costumes and the characters on Heroes did not, we didn't have anything to go with.

Great idea, but nothing we could do in court.

Next time use stock photos or ones you have taken yourself. make sure you copyright your images. You can do a poorman's copyright bu simply mailing ther art to yourself and not open the envelope. The post mark on it envelope will show proof of date of creation.

Very Well put RD - as an actual occasional worker in comics like Marvel - we are always extremely wary on how the artwork that is use is spread

However being a freelancer as I am - I usually do not deal with this scenario - however noting this to author of so-called art - it is clear you used original images such as the spiderman costume - I would never suggest doing so on presentation art make sure it's all your own

As well if it's quality piece, don't go public with it unless you want others using it - If others using it is fine - go for it
 
You can't sue. They own the images you were working with.
 
what about his second poster?

well I would have to assume in Marvel's defense he is using a Spider-Man logo. So once again Marvel property. but lets say you use an different creature's outline in the lights of the city ( lets say an eagle or maybe a cobra ) and it is for an original generic character. Then maybe you could fight it if Marvel uses it.
 
I saw someone is having the same problem with the Dark Knight Rises, but they didnt just steal his idea he made, they just stole his artwork he made and just used it without permission or paying the artist for his work. But sueing might be too hard since he did use a pic of batman which he doesnt own and Warner Bros is so hung they will just beat him in court.
 
spiderfan you can sue if you use claim you used fair use for your posters. It would be difficult but not as impossible as some are making it sound. Get a good lawyer and you could see some compensation. But you would first have to prove it wasn't coincedental.
 
Did anyone watch Face Off on the SyFy channel? In their opening they are using a fan made poster for The Amazing Spider-Man that is posted in our forums many times. I wonder if they stole it from here.
 

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