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PashaSmith
PashaSmith
Participant
March 25, 2022
Question

Rejected file due to intellectual property

  • March 25, 2022
  • 5 replies
  • 506 views

Hello, my file was rejected due to intellectual property. File ID: 494523798 Keys: pixel, art, pixelart, pixelated, vector, platformer, 8, bit, retro, game, adventure, old, arcade, video, 2d, location, rpg, landscape, land, scene, asset, tileset, tile, mockup, character, parallax, background, level, design, summer, mushroom, heart, hud, coin, sprite, tree, bush, valley, interface, girl, platform, 16, enemy, hero, play, diamond, screen; Could you suggest what is wrong?

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5 replies

Abambo
Community Expert
AbamboCommunity Expert
Community Expert
March 27, 2022

What was the title?

ABAMBO | Hard- and Software Engineer | Photographer
T
Test Screen Name
Legend
March 26, 2022

It's entirely likely that the moderator never played a video game - but they know it looks like a screen shot from a commercial product. So you would need a release from the artist (you). That means you accept liability for any legal action (eg from Nintendo).  I think it would be useful to have a title which emphasises "original art not screen shot" or similar. 

T
Test Screen Name
Legend
March 26, 2022

Oh, one more thing. Your work could be used to advertise products or be read by a million people. This means lawyers will see it! Be sure your work is truly original - that you invented the characters in the sprites, that the platform is truly original.  I don't know the original inspiration if any, but you can't sell what we might call "fan art" -this will lead you to much legal trouble, could be very expensive. A lot of what we create can't be used in adverts, or sold. 

    reedesign1912
    reedesign1912
    Inspiring
    March 26, 2022

    It really does remind me of Super Mario Bros for NES.

     

    Rob R, Photographer
    Nancy OShea
    Community Expert
    Nancy OSheaCommunity Expert
    Community Expert
    March 25, 2022

    Did you submit a signed release as the artist?

     

     

     

    Nancy O'Shea— Product User & Community Expert
    reedesign1912
    reedesign1912
    Inspiring
    March 25, 2022

    Even though you drew this image from scratch, I think Nintendo would still consider this too similar to Super Mario Brothers and file a copyright claim.  I believe the moderators were being cautious.

    Rob R, Photographer
    T
    Test Screen Name
    Legend
    March 25, 2022

    This looks like a screen shot from a commercial, copyrighted game. How did you capture or make it?

    PashaSmith
    PashaSmithAuthor
    Participant
    March 25, 2022

    This image was drawn from scratch by me and has an internal layer structure for building new locations.

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