NS2, copyright and fanart-for-profit

SkyfishSkyfish Norway Join Date: 2013-11-23 Member: 189525Members
Hi, I'm relatively new here so please excuse me if I missed something.

I'm curious what is Unknown Worlds policy on the fans selling of (100% original, drawn) fanart?

I want to create fanart of the alien life forms and put them on merch on red bubble. I'm at the moment a "starving artist" trying to build a name for myself on the internet. So i'm very interested in trying to fill a niche in the (lack of) ns2 merch while also being able to draw fanart of my favourite life form in my favourite game. I know Red bubble only results in pocket change, but it's a start, and the only way to survive as an unkown artist on the web is fanart really, it's a bit problematic since more often than not, it's technically illegal. Hence why I'd like to ask for permission to put a lerk on a red bubble shirt. All my assets only, no logo, no names.

I see there is another artist on Red bubble who sells ns2 skeleton shirts, and Unknown worlds have so far proven themselves to be very kind to the community in terms of modders and comp players, so I hope you do the same for visual artist :3

Comments

  • NordicNordic Long term camping in Kodiak Join Date: 2012-05-13 Member: 151995Members, NS2 Playtester, NS2 Map Tester, Reinforced - Supporter, Reinforced - Silver, Reinforced - Shadow
    Sounds like you should email @hugh for that question
  • SkyfishSkyfish Norway Join Date: 2013-11-23 Member: 189525Members
    Where can I find this email? I tried sending a pm and have yet to get a reply. But I am hardly the first to create fanart for NS2, how are the other creators finding it?
  • Kouji_SanKouji_San Sr. Hινε Uρкεερεг - EUPT Deputy The Netherlands Join Date: 2003-05-13 Member: 16271Members, NS2 Playtester, Squad Five Blue
    hugh@unknownworlds.com

    Some direct links to related pages:
    http://unknownworlds.com/about/
    http://unknownworlds.com/ns2/copyright/
    http://unknownworlds.com/ns2/terms-of-use/
    http://unknownworlds.com/video-policy/ (doesn't help with retail questions)

    I'd contact Hugh regarding this though, he can surely clear up any questions you have :)
  • SkyfishSkyfish Norway Join Date: 2013-11-23 Member: 189525Members
    Thank you for the links. Those terms of use are utterly terrifying. I am very glad that unknown worlds seems to act completely opposite to what their terms state, and that not many creators here seems to read them. Here is an extract:

    "Unknown Worlds welcomes your comments, feedback and input regarding Unknown Worlds products through this Site. However, Unknown Worlds does not accept or consider any material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by Unknown Worlds. Accordingly, Unknown Worlds asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to Unknown Worlds will become the property of Unknown Worlds, with Unknown Worlds exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest Unknown Worlds’ rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you."

    My understanding of this states that if I were to create a fanart and post it on their forum, they actually gain 100% rights to that work without having to even notify me. This means that anyone who have already posted artwork to this site has lost the rights to their work.

    I love unknown worlds but with terms like these, there is no way I will upload art to this forum. I am not sure if you bypass these terms by hosting the art somewhere else and linking it in the forum, that depends on the interpretation of "send us such materials"

    I assume that this was written to prevent people from claiming that Unknown Worlds stole their ideas somehow, but the vague writing could essentially prevent all fan work. Does this mean I have to explicitly state every time I create NS2 related material, I have to state that "I am not submitting this for consideration in game" or does that do nothing? I am no lawyer, this lawyer jargon is confusing.
  • VetinariVetinari Join Date: 2013-07-23 Member: 186325Members, Squad Five Blue, Reinforced - Shadow, WC 2013 - Silver
    Skyfish wrote: »
    "Unknown Worlds welcomes your comments, feedback and input regarding Unknown Worlds products through this Site. However, Unknown Worlds does not accept or consider any material for use in any of its products (including, but not limited to, demos, sketches, drawings, notes, stories, and game or character ideas), that has not been specifically requested by Unknown Worlds. Accordingly, Unknown Worlds asks you not to send us any such materials. If you ignore this request, any such materials, comments, suggestions or other information submitted by you to Unknown Worlds will become the property of Unknown Worlds, with Unknown Worlds exclusively owning all known and hereafter existing rights to such materials, and you acknowledge and agree not to contest Unknown Worlds’ rights to use and disclose such materials in any manner and for any purpose, commercial or otherwise, without compensation to you."

    Wow. This is some heavy stuff. I would not have expected this from UWE.
  • CCTEECCTEE Join Date: 2013-06-20 Member: 185634Members, Reinforced - Shadow
    You can put whatever you want in you terms, contracts etc etc. It doesnt mean it will hold up in a courtroom.
    A smart company will always try and run a clean business to avoid conflicts altogether.
    I am pretty sure that if UWE wants to use your fanart for something they will ask nicely, whatever their terms state.
  • VetinariVetinari Join Date: 2013-07-23 Member: 186325Members, Squad Five Blue, Reinforced - Shadow, WC 2013 - Silver
    CCTEE wrote: »
    You can put whatever you want in you terms, contracts etc etc. It doesnt mean it will hold up in a courtroom.
    A smart company will always try and run a clean business to avoid conflicts altogether.
    I am pretty sure that if UWE wants to use your fanart for something they will ask nicely, whatever their terms state.

    I guess they probably hired some third party to write those conditions, because I seriously can't imagine any of the devs writing something like this.

    Because honestly, it reads like "So you make fanart? Fuck you. Give."
  • SkyfishSkyfish Norway Join Date: 2013-11-23 Member: 189525Members
    I'm sure they don't intend to uphold those terms, but if I learned anything from the internet, is that even the nicest people can suddenly come out and burn you. EA used to be a nice company, you know :p
    I really really want to participate as an artist in the ns2 community but I can't bring myself to it unless I have written security from the devs. Either they could rephrase these terms, or give out a second message saying that fanart and such are excluded and clearly define what is considered acceptable use of their assets and what is not, and how they can use our assets (fanart etc) and how they will not. (i think it would be fair for them to display our work as they wished, its fanart after all!)
Sign In or Register to comment.