Rejected file due to intellectual property

[PashaSmith]

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?

[Test Screen Name]

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

[PashaSmith]

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

[reedesign1912]

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.

[Nancy OShea]

Did you submit a signed release as the artist?

[Test Screen Name]

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. 

[Test Screen Name]

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]

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

[PashaSmith]

This is pulling an owl on a globe. The tiles are absolutely not identical except for the general mood. Any cartoony minimalist summer platformer will have similar features. But completely blurry. My work and this screenshot have nothing in common, except that it is a platformer. The tiles and characters are completely different. Stocks and marketplaces for game developers sell a bunch of similar summer locations. There is a common mood, but they are completely different. My character is not identical to mario style. The platforms are more detailed and the mushroom is drawn dynamically just to keep it from getting boring. This is pixel art, any art will have something similar to other works. But not in details, only in general terms.

[Nancy OShea]

You never answered my question. 

Was a signed release submitted with your artwork? 

If not, maybe that's why it was rejected.

[Abambo]

What was the title?