Is this considered copyright?

'Is it legal', 'can I do this' type questions and discussions.
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Is this considered copyright?

Post by Booop »

So i am making a video game , and i found my self inspired by someones elses art style , so after i finished the first level and i saw again the other creators game i realised how similar i made it.

So basically i want your opinion if this is copyright.And if yes, i would love if you could tell me what to change so that its not considered copyright.

-Thank you,in advance

Images of my game:

Images of his game:
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Re: Is this considered copyright?

Post by AndyJ »

Hi Booop,

My opinion isn't really relevant here.

Yes, there is a certain amount of similarity in the graphic styles, but I suspect that if you did a bit of googling you would probably find images by other artists which incorporated many of the same elements. Certainly the deep orange and black colour scheme is widely used. The more that you find, the less the other creator can claim a monopoly over 'his' style.

Copyright protects the expression of ideas, not the underlying ideas themselves, and so provided that you are not telling the same story as the other creator, there could well be sufficient distance between your two artworks that it would be diificult to construct a credible claim for infringement.

However these matters are very subjective and it may be that the other creator will see this as ripping off his style. If he chose to make an issue of it, ultimately, it would be a matter for a court to decide. It is virtually impossible to say what a court would decide in this case (hence why my opinion is worth nothing here). The best I can do is point you to a couple of fairly recent cases in which the copying of a style was being alleged, in order for you to see how the court approached the analysis in each case.

Temple Island Collections v New English Teas (the Red Bus case)

Bodo Sperlein v Sabichi

Afternote. With both of the court cases shown above, even if you don't have time to read the whole of the judgment, I suggest you scroll down to the annex in each judgment where there are pictures of the two works concerned. From the pictures you can, at least, see the sort of issues which are are involved.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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