Support NeoGAF

[autoduelist]

Was the image copyrighted, patented, or in any other way legally protected?

If not, I fail to see what the controversy is...

Your very question shows your deep lack of understanding of the topic. 'Patents'? Really? You should research them so you know why it's obvious from that very question you have no clue what you are talking about.

As for copyright, generally publishing something gives you instant copyright without any further action. It's a bit complicated, and extra complicated here since the content has a brand in it. Doesn't change the fact that you have no idea what you are talking about.

 

[nephilimdj]

Isnt the image policy part of that mid 2000s thing were people tried to copyright gif's? same period were Sony music would sue companies for hosting MJ lyrics.
Old wild days of the internet

Anyway this seems to be like all that Nintendo nonsense, legally cant do much.

 

[darkziosj]

Nothing he can do in this case, reddit has full control of anything posted in the site and he is also using stuff from microsoft and the game itself.

 

[SatansReverence]

This reminds me of the time that some Chinese web-tv series was caught using Conan's intro video.

Except now it's not scummy China, it's scummy MS.

Shall we go back in time to when scumbag Sony used PGR3 to promote the PS3?

 

[JaffeLion]

Shall we go back in time to when scumbag Sony used PGR3 to promote the PS3?

wow.. is this true or shopped? this is much, MUCH scummier than what the ad agency of MS did here.. wow. wtf

 

[//DEVIL//]

Shall we go back in time to when scumbag Sony used PGR3 to promote the PS3?

there is a difference between false advertisement ( and most probably a honest false advertisement when the person in charge of designing the add didnt know any better ) and stealing someone else work blatantly

 

[cHaOs667]

In the ethical world, it is called theft. But it seems like some are lacking in this here.

So let's call it "theft" and talk about the original image.

Something that bothers me every time about user content is the excessive use of copyrighted artwork. Like in this case the XBox logo, the PUBG Logo and others parts of the image.

As I don't think the creator owns a license to use those logos and those logos make up an important part of the image (an advertisement mock up) it's theft too as the creator do not own all the rights to call this picture his creative work.

Beside that, if he (the creator) has released the picture on Reddit, the "Terms of Service" he signed grant everyone all the rights to this picture(if I remember correctly).

But maybe he violated the TOS as he did not owned all the rights to this picture...

 

[XAL]

Maybe Jeanette Hayes works for the agency....

jesus fuck

people like her have a spot reserved in hell for them

profiting off of tracing, has the technical skill of a 5th grader

fuck the art world

 

[F0rneus]

jesus fuck

people like her have a spot reserved in hell for them

profiting off of tracing, has the technical skill of a 5th grader

fuck the art world

Did you read my post last page? This is a small portion of a much bigger artwork that is entirely made out of other people's artworks that are mixed up. The whole tracing thing is a 4chan/alt-right attack on her because, you know, "her". The full piece also contains traced Bart Simpson and Hello Kitty. It's the whole point. She even says she found that piece by Shintaro Kago on Tumblr.

Don't buy in to that manipulative fuckery.

 

[Slayer-33]

Shall we go back in time to when scumbag Sony used PGR3 to promote the PS3?

I remember that shit lol... 😂

 

[HoodWinked]

Come the fuck on. That was one part of a much bigger drawing made entirely out of other artists's work (it's the entire point of the piece). This is legit 4chan fuckery, and you know it.

i dunno about this i just googled this since i've never heard of this and found an image of her posting on instagram kind of just passing it off this as her work.

also found this tweet where its practically the same image.

https://twitter.com/kazuwabe/status/907289801702957057

 

[jimwhat]

Did you read my post last page? This is a small portion of a much bigger artwork that is entirely made out of other people's artworks that are mixed up. The whole tracing thing is a 4chan/alt-right attack on her because, you know, "her". The full piece also contains traced Bart Simpson and Hello Kitty. It's the whole point. She even says she found that piece by Shintaro Kago on Tumblr.

Don't buy in to that manipulative fuckery.

Does that count as art though? I saw the bigger pic that you were talking about, but I'd be hard pressed to defend something that is just a amalgamation of others' works. Plus a quick google search shows that they've done this before.

On Topic: Seems MajorNelson is looking into it. Hopefully Macsterr and Microsoft can work something out because that's a pretty sweet ad.

 

[cormack12]

I think the major issue here is the original guy/girl getting a tangible credit for their portfolio/work. To get a nod from participating in an active ad campaign for a behemoth like Microsoft.

Imagine creating something like that and seeing it just go official. Would be awesome. I'm sure the legalities are all very complex and grey with no discernible or robust agreement on how to proceed which will probably lead it to remaining pulled. Sad.

If Microsoft just reached out, asked permission to continue using it and retrospectively compensate and credit the author then fair enough.

 

[Harlock]

I dont wanna be in the shoes of anyone from the ad agency. This is a big fucked with a big client.

 

[Juno]

Hey guys, I wanted to let you know that this is being investigated. In the meantime, our official channels have pulled down the asset in question. I'll follow up with the OP /u/macsterr/ once I get more details.

Well Microsoft have responded to the reddit post and by removing the ad they obviously feel what's happened is wrong (ethically at least, as it's just a stolen concept). Case closed, no?

And the original designer is using Microsoft assets and licenced property to advertise on behalf of Microsoft and their game... for free. So it's not like they're going to be mad at him. His original design got 63,000 views, so it did a good job to be fair.

Edited: had confused upvotes and views. Still way too similar to be a coincidence.

 

[BANGS]

Your very question shows your deep lack of understanding of the topic... ...Doesn't change the fact that you have no idea what you are talking about.

Congratulations. Today you have learned how questions work and why people ask them...

Every image is legally protected by default - even if something is uploaded to the net you can only use it for purposes described by your local fair use laws without author consent.

Thanks for the clarification, I wasn't sure if the image was legally protected and now I know. This guy understands how questions and answers work...

 

[TannerDemoz]

I dont wanna be in the shoes of anyone from the ad agency. This is a big fucked with a big client.

This. All the blame is with the Agency. 'Microsoft' didn't steal anything their agency did and someone is in a lot of trouble!

 

[base shagohod]

Did you read my post last page? This is a small portion of a much bigger artwork that is entirely made out of other people's artworks that are mixed up. The whole tracing thing is a 4chan/alt-right attack on her because, you know, "her". The full piece also contains traced Bart Simpson and Hello Kitty. It's the whole point. She even says she found that piece by Shintaro Kago on Tumblr.

Don't buy in to that manipulative fuckery.

Lol, I get where you’re coming from, but to write off any criticism of her creatively bankrupt art as an alt-right attack on her is short-sighted. Ofc it comes down to taste, but I think her art is shit after looking into it a little.

Literally admitting that you traced something for a collage or whatever she’s going for here doesn’t make it alright. I guess it’d be a different story if it was done well.

Sorry for the sidetrack but really wanted to throw my two cents in.

 

[Alebrije]

Come the fuck on. That was one part of a much bigger drawing made entirely out of other artists's work (it's the entire point of the piece). This is legit 4chan fuckery, and you know it.

I know the full story. The point is that she also said "if it is on internet it's mine", so she can use /copy at her desires. The same way the agency / MS used the PUBG art from the original artist.

Internet is great to get ideas, I like to paint and draw and use a lot of ideas from internet to mix them with my own stuff , but my work goes to my family or friends with not profit , it's just a hobby. My point is that if she uses original concepts not matter if they are used on a collage she must put the name of the original artist on the credits.

Hope the original artist get something from MS , not just and XboneX. His original concept is great.

 

[Horsemama1956]

Shall we go back in time to when scumbag Sony used PGR3 to promote the PS3?

Looks like a Kia ad.

 

[LeFlamaBlanca]

wow.. is this true or shopped? this is much, MUCH scummier than what the ad agency of MS did here.. wow. wtf

Ah now Sony did something 10 years ago with a shitty racing game it’s now bad. What a surprise.

 

[SatansReverence]

Ah now Sony did something 10 years ago with a shitty racing game it’s now bad. What a surprise.

PGR a shitty racing game?

What.....

 

[Megatron]

Thread title needs to be changed, Microsoft didn’t steal it, an ad company did.

 

[Night.Ninja]

Thread title needs to be changed, Microsoft didn’t steal it, an ad company did.

It doesn't have the same ring to it

 

[theHFIC]

Thread title needs to be changed, Microsoft didn’t steal it, an ad company did.

Microsoft would be the final say before any ad goes out. It is part of the approval process. They don't just give the twitter login to someone at the agency and say go crazy.

 

[Mr. Grumpy]

Was the image stolen?

Some people think it was stolen and some people think it wasn't, unless you have facts that you've not shared here then please remember that you're merely presenting an opinion on what happened.

If somebody has a different opinion to yours, you are more than welcome to discuss that opinion here with them but please understand that a different opinion doesn't authorise you to make personal attacks on people.

Thank you.

 

[Alx]

Microsoft would be the final say before any ad goes out. It is part of the approval process. They don't just give the twitter login to someone at the agency and say go crazy.

It's not really the responsibility of the client to make sure that what he's purchasing hasn't been stolen. If I order an original artwork for my twitter page, I'm assuming that's what I'm getting, and I'll probably upload the picture without doing additional research. If it turns out that the artist just copied existing content, he's the one to blame.

 

[theHFIC]

It's not really the responsibility of the client to make sure that what he's purchasing hasn't been stolen. If I order an original artwork for my twitter page, I'm assuming that's what I'm getting, and I'll probably upload the picture without doing additional research. If it turns out that the artist just copied existing content, he's the one to blame.

That's one of the risks that are taken when you work with an agency. You are expecting everything to be on the up and up and if it isn't the company the advertising is representing takes the front facing criticism for what made it out while on the backend the agency and people within the account responsible for it will hear it from Microsoft.

 

[LambdaTeos]

Microsoft would be the final say before any ad goes out. It is part of the approval process. They don't just give the twitter login to someone at the agency and say go crazy.

While this might be true, I don't expect the people who greenlighted this image for promo to keep their eyes on reddit al the time

the responsibility would fall on the agency who created the ad

Microsoft marketing is not one guy saying "yeah this looks good" and that's it, they literally hire agencies to do the job, the blame is on the agency who created the add

Come the fuck on, Microsoft marketing is not only one person

Also, what? are we now attacking a company because a dude used assets from a company to do a mock up? the dud uploaded it to a public webpage, and althou, like a lot of people say "this is not morally etihc" you are talking about a big company, ffs, maybe next time do mock ups and don't upload them for internet fame

 

[shpankey]

I just want to drop in to say, the image itself is pretty dang cool.

 

[Journey]

jesus fuck

people like her have a spot reserved in hell for them

profiting off of tracing, has the technical skill of a 5th grader

fuck the art world

Context is your friend. That's how rumors get started, always read the back story first, her entire work was comprised of pieces of art. She wasn't the author of Bart Simpson, TY beanie and others either lol.

 

[theHFIC]

While this might be true, I don't expect the people who greenlighted this image for promo to keep their eyes on reddit al the time

the responsibility would fall on the agency who created the ad

Microsoft marketing is not one guy saying "yeah this looks good" and that's it, they literally hire agencies to do the job, the blame is on the agency who created the add

Come the fuck on, Microsoft marketing is not only one person

Also, what? are we now attacking a company because a dude used assets from a company to do a mock up? the dud uploaded it to a public webpage, and althou, like a lot of people say "this is not morally etihc" you are talking about a big company, ffs, maybe next time do mock ups and don't upload them for internet fame

Spoken like a true ad agency creative lol

 

[LambdaTeos]

Spoken like a true ad agency creative lol

Doesn't mean it's not true

 

[Alebrije]

Meanwhile at the agency :

 

[Revolutionary]

It's not even that good of a marketing image, honestly. Just seems.. lazy and unprovocative.

Shall we go back in time to when scumbag Sony used PGR3 to promote the PS3?

https://i.gyazo.com/7dac4faef1692be6b4ba55c5e8fa58ca.jpg[img][/QUOTE]

It's clearly a Kia ad. But wow at the grudges some people hold - that was ~10 years ago lol
[quote="Journey, post: 253142821"]Context is your friend. That's how rumors get started, always read the back story first, her entire work was comprised of pieces of art. She wasn't the author of Bart Simpson, TY beanie and others either lol.

[IMG]https://news.artnet.com/app/news-upload/2017/11/jeanette_hayes_bart-700x1024.jpg

This is the worst piece of shit I've ever seen.

 

[Steven Universe]

Well Microsoft have responded to the reddit post and by removing the ad they obviously feel what's happened is wrong (ethically at least, as it's just a stolen concept). Case closed, no?

And the original designer is using Microsoft assets and licenced property to advertise on behalf of Microsoft and their game... for free. So it's not like they're going to be mad at him. His original design got 63,000 upvotes, so it did a good job to be fair.

No they did a PR move to appeal to the PUBG fan base and anyone else who would be offended by this. His original design only got 4K upvotes and was looked at 63K views. That’s what his Reddit post about it says.

Also at the people talking trash about the lady’s tracing art. How exactly is this guy’s photoshopping any different? It’s using different assets and putting them together.

 

[jimwhat]

No they did a PR move to appeal to the PUBG fan base and anyone else who would be offended by this. His original design only got 4K upvotes and was looked at 63K views. That’s what his Reddit post about it says.

Also at the people talking trash about the lady’s tracing art. How exactly is this guy’s photoshopping any different? It’s using different assets and putting them together.

It's more so than that. The big issues arise when so they claim other people's work as their own:

Original: https://twitter.com/siwasunookina/status/457146568202670080
Their "version": https://twitter.com/kinucakes/status/907827398196023296/photo/1

Not part of a bigger picture, just a 1 to 1 copy (might even be the sample picture just re-uploaded).

Original (scroll down): https://splinternews.com/inside-the-impossibly-small-world-of-dina-brodskys-mini-1793844253

Their post: https://twitter.com/edentimm/status/907805115796537344

Why are people defending this?

 

[EdgeXL]

Does that count as art though?

 

[BANGS]

So... no?

 

[HoodWinked]

Context is your friend. That's how rumors get started, always read the back story first, her entire work was comprised of pieces of art. She wasn't the author of Bart Simpson, TY beanie and others either lol.

if you want to bring context into this she has a history of plagiarism, and this is coming from a buzzfeed article written by two female reporters where you'd expect to be the last place to call out a female artist.

https://www.buzzfeed.com/krishrach/...panese-artists?utm_term=.obAMEaml3#.gp6YmzBn4

 

[SatansReverence]

It's not even that good of a marketing image, honestly. Just seems.. lazy and unprovocative.



It's clearly a Kia ad. But wow at the grudges some people hold - that was ~10 years ago lol

I hold no grudge lol, just pointing out the folly of those trying their best to witch hunt MS over this while acting like Sony doesn't do the same or worse.

How about the time Sony used PGR3 to promote GTHD?

 

[michaelius]

I hold no grudge lol, just pointing out the folly of those trying their best to witch hunt MS over this while acting like Sony doesn't do the same or worse.

How about the time Sony used PGR3 to promote GTHD?

You should probably read this article:

https://en.wikipedia.org/wiki/Whataboutism

 

[Liliana Eileen]

Are you stupid?

Is that necessary?