Legal question - 3D based closely off 2D art in/for another game?

shadow_blade · 30-12-2011, 03:30 AM

Hello.

I was hoping users here might have an answer for this.
I wanted to know if it would be considered legal to create 3d art based off 2d drawn
images/scenes/environments/buildings that were in a 2d game without any 3d equivalent.

Even though it would all be original art and differ in medium, would it still be considered
copying another games art/copyright infringement if the 3d art was developed for a
commercial game?

Istanbul · 31-12-2011, 02:56 AM

If the 3d work is discernibly a 3d version of a copyrighted 2d asset, it would be infringement to use professionally. However, buildings etc would be harder to discern that it is a 3d version. To be safe, I would still suggest rather than trying to outright copy the 2d pieces in 3d, to instead let the 2d artwork inspire you to create your own concepts and then model those.

Blizzard won't sue you for making buildings that look like they could have been in Warcraft. They would sue you for copying their buildings outright. ;-)

(I am not a lawyer, and the above statement should not be taken as legal advice).

shadow_blade · 01-01-2012, 04:10 PM

Thank you for your response

For a more discernible explanation after a revision on this topic I posted elsewhere -

So to hopefully elaborate/simplify:
I am wishing to know if it would be legal or illegal/too dangerous to create a
3d environment based on areas/close adapations of the objects in these and
other panorama's from Legend Of Mana - Photo Album - Imgur
The game would only use the created 3d pieces to develop original environments,
and would not be any attempt at re-creating the original game.

This is the kind of similarity-
http://i.imgur.com/xujAa.png
http://i.imgur.com/RyM5u.png

Another point in reference to one of your concerns, is I'd never re-create a room with
objects in the same location, etc. I wish only to create the individual pieces and then
build my own world with those pieces I create.

About 'instead let the 2d artwork inspire you to create your own concepts and then
model those', this is a response to that same train of though -
I'm able to create 3d art based off concept art relatively well, however I'm
unable no matter how hard I try to design my own. (I've been trying for years)
Believing has nothing to do with it, nor practise or perseverence, none of
those can fill a gap requiring talent that doesn't exist.
Though I love art designs and I can see how they look good and work,
it's not possible to create my own, and hiring my own concept artists
is of course not an option (sadly money still doesn't grow on trees).
I've tried the approach of building my own concepts many, many, many times and
have failed too many times to count, hence the reason for this topic and hoping I
might be able to follow the design a bit closer with it being in 2 separate mediums.

Hopefully with those additions your standing may bent back to a different conclusion,
so I'd like to hear what you think again.
Also of course I'd love to hear any additional opinions on this so that I can average
out the opinions based on a greater number of people.

kanga · 02-01-2012, 10:22 AM

It's very possible that you can't design your own items, nobody says you have to be able to do everything. Normally you would straight out buy the designs because you want to resell the ideas and the visual form doesn't matter. If you have no money then you could try to strike a deal on a fee based on percentages sold. If you try to make a deal and the originator is unresponsive then it is just bad luck. You would then have to pay or team up with another concept artist.

You may always be inspired by the work of others but you may not steal it. Many artists think that because it takes a lot of work to reproduce a concept in 3d that somehow they gain a certain ownership of that design, which is so very wrong. Oft times designs can take a lifetime to come up with just like your skill. It would be like someone hiring you and refusing to pay you upon delivery because they had given you the chance to make something for free. It don't track.

Hope this helps.

shadow_blade · 02-01-2012, 11:10 AM

If you are by yourself, you do have to do everything.

Considering that game was developed by Square, I doubt I can purchase the designs or strike a deal.

I guess it's once again inevitably impossible.
Though I had let too much hope in based on the views of others that have responded elsewhere,
in legal terms I can't refute what you are saying and I guess I understand. 3d studios still pay 2d
concept artists for designs, so to that extent it would be taking someone else's concept art, even if
2d was it's intended purpose.

And skill can only take a life time to grow if there is a seed there to water.

Well it didn't really help in the manner I wished it would have, but never the less it's answered my
question so thank you very much for your input and I appreciate you taking the time to respond.

30-12-2011, 03:30 AM	#1 (permalink)
shadow_blade New Member 3 - 49	Legal question - 3D based closely off 2D art in/for another game? Hello. I was hoping users here might have an answer for this. I wanted to know if it would be considered legal to create 3d art based off 2d drawn images/scenes/environments/buildings that were in a 2d game without any 3d equivalent. Even though it would all be original art and differ in medium, would it still be considered copying another games art/copyright infringement if the 3d art was developed for a commercial game?

02-01-2012, 10:22 AM	#4 (permalink)
kanga Administrator 1,088 - 797	It's very possible that you can't design your own items, nobody says you have to be able to do everything. Normally you would straight out buy the designs because you want to resell the ideas and the visual form doesn't matter. If you have no money then you could try to strike a deal on a fee based on percentages sold. If you try to make a deal and the originator is unresponsive then it is just bad luck. You would then have to pay or team up with another concept artist. You may always be inspired by the work of others but you may not steal it. Many artists think that because it takes a lot of work to reproduce a concept in 3d that somehow they gain a certain ownership of that design, which is so very wrong. Oft times designs can take a lifetime to come up with just like your skill. It would be like someone hiring you and refusing to pay you upon delivery because they had given you the chance to make something for free. It don't track. Hope this helps. __________________ Tutorials on Youtube. Portfolio. Game-Artist on Linkedin Getting started for free.

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31-12-2011, 02:56 AM	#2 (permalink)
Istanbul New Member 24 - 49	If the 3d work is discernibly a 3d version of a copyrighted 2d asset, it would be infringement to use professionally. However, buildings etc would be harder to discern that it is a 3d version. To be safe, I would still suggest rather than trying to outright copy the 2d pieces in 3d, to instead let the 2d artwork inspire you to create your own concepts and then model those. Blizzard won't sue you for making buildings that look like they could have been in Warcraft. They would sue you for copying their buildings outright. ;-) (I am not a lawyer, and the above statement should not be taken as legal advice).

01-01-2012, 04:10 PM	#3 (permalink)
shadow_blade New Member 3 - 49	Thank you for your response For a more discernible explanation after a revision on this topic I posted elsewhere - So to hopefully elaborate/simplify: I am wishing to know if it would be legal or illegal/too dangerous to create a 3d environment based on areas/close adapations of the objects in these and other panorama's from Legend Of Mana - Photo Album - Imgur The game would only use the created 3d pieces to develop original environments, and would not be any attempt at re-creating the original game. This is the kind of similarity- http://i.imgur.com/xujAa.png http://i.imgur.com/RyM5u.png Another point in reference to one of your concerns, is I'd never re-create a room with objects in the same location, etc. I wish only to create the individual pieces and then build my own world with those pieces I create. About 'instead let the 2d artwork inspire you to create your own concepts and then model those', this is a response to that same train of though - I'm able to create 3d art based off concept art relatively well, however I'm unable no matter how hard I try to design my own. (I've been trying for years) Believing has nothing to do with it, nor practise or perseverence, none of those can fill a gap requiring talent that doesn't exist. Though I love art designs and I can see how they look good and work, it's not possible to create my own, and hiring my own concept artists is of course not an option (sadly money still doesn't grow on trees). I've tried the approach of building my own concepts many, many, many times and have failed too many times to count, hence the reason for this topic and hoping I might be able to follow the design a bit closer with it being in 2 separate mediums. Hopefully with those additions your standing may bent back to a different conclusion, so I'd like to hear what you think again. Also of course I'd love to hear any additional opinions on this so that I can average out the opinions based on a greater number of people.

02-01-2012, 11:10 AM	#5 (permalink)
shadow_blade New Member 3 - 49	If you are by yourself, you do have to do everything. Considering that game was developed by Square, I doubt I can purchase the designs or strike a deal. I guess it's once again inevitably impossible. Though I had let too much hope in based on the views of others that have responded elsewhere, in legal terms I can't refute what you are saying and I guess I understand. 3d studios still pay 2d concept artists for designs, so to that extent it would be taking someone else's concept art, even if 2d was it's intended purpose. And skill can only take a life time to grow if there is a seed there to water. Well it didn't really help in the manner I wished it would have, but never the less it's answered my question so thank you very much for your input and I appreciate you taking the time to respond.