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<blockquote data-quote="Ovinomancer" data-source="post: 7686680" data-attributes="member: 16814"><p>Yes. If the holder of the copyright wishes to pursue, they can subpeona the real names of the participants from the service provider. Sadly, the internet isn't as anonymous as people seem to think it is. It takes work.</p><p></p><p>Fan art and fan fiction are both creative acts, and so enjoy more leeway than copying art directly.</p><p></p><p>Really, the issue here is the taking of IP that implies that the work is sanctioned by or even produced by the copyright owner. The trade dress is particularly of issue there. Also, failure to defend a copyrighted work reduces your ability to protect it in future cases -- even to the point of losing the ability to protect it at all, so the image owners have an interest in protecting their works even if there's no chance of damages.</p><p></p><p>Granted with a maybe. The actual blowback might be very small, or it might Streisand. Hard to say. Also, if the complaint is directly targeted at only the infringing bits (hey, it's great you guys are making and sharing critters, but you can't use my art/trade dress to do it without permission), then the blowback would be very small indeed.</p><p></p><p>To put it bluntly, the project is doing something worthwhile, but is going about it in a stupid way. Most stupid is stealing art. Only minorly stupid is taking the trade dress when you don't have to.</p><p></p><p></p><p>Ah, both cool and very legal of you!</p></blockquote><p></p>
[QUOTE="Ovinomancer, post: 7686680, member: 16814"] Yes. If the holder of the copyright wishes to pursue, they can subpeona the real names of the participants from the service provider. Sadly, the internet isn't as anonymous as people seem to think it is. It takes work. Fan art and fan fiction are both creative acts, and so enjoy more leeway than copying art directly. Really, the issue here is the taking of IP that implies that the work is sanctioned by or even produced by the copyright owner. The trade dress is particularly of issue there. Also, failure to defend a copyrighted work reduces your ability to protect it in future cases -- even to the point of losing the ability to protect it at all, so the image owners have an interest in protecting their works even if there's no chance of damages. Granted with a maybe. The actual blowback might be very small, or it might Streisand. Hard to say. Also, if the complaint is directly targeted at only the infringing bits (hey, it's great you guys are making and sharing critters, but you can't use my art/trade dress to do it without permission), then the blowback would be very small indeed. To put it bluntly, the project is doing something worthwhile, but is going about it in a stupid way. Most stupid is stealing art. Only minorly stupid is taking the trade dress when you don't have to. Ah, both cool and very legal of you! [/QUOTE]
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