$12256 / $11500
simple question right? I have been searching google for an hour or so and found nothing that comes close to answering this question. Does art done in the same style as someone else constitute copyright infringement in an entirely original and unrelated work? This is not reusing characters or reusing already drawn art. This is about producing completely original art in a simular style. Is there a difference between imitation (copying someone's work) and and emulation (being inspired by it)?
Still researching on my own. Anyone's opinion is greatly appreciated, a legal source even better :D
So far I can find no lawsuit in regards to emulation of animation style and copyright.gov (US copyright law website) lists style only in the context when a copyright is sought in regards to work that has been produced.
Simuliairly, Austrailian law also notes that style by itself cannot be copyrighted, but that is part of the final product that does receive copyright portection. In the end, it seems that style is only described as a way of further defining your work in context with other factors.
So for example it seems you can create a new character using the style of some anime, but you cannot use that style to recreate the characters from that anime. In fact, it seems like the character's themselves in the context of how they are presented, named and setting, could play a much bigger factor than the style. For example, you can't draw Harry Potter in anime form and use that work in your own production of Harry Potter.
I'm still researching this as I feel unsatified with finding no examples. Usually someone tries to file a lawsuit even if its ungrounded causing the results to be a good inicator for how the law is applied.
in the us a art style can not be copywritten.
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Full Steam Ahead! o/ <-- little ascii fist in the air holding a debugging hammer.
Took me a few to look up the case but take a look at Leibovitz v. Paramount Pictures Corp.
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Full Steam Ahead! o/ <-- little ascii fist in the air holding a debugging hammer.
The comments in the case are really helpful even if they probably ultimately won on the parody merits.
Looks like to actually prove copyright infringement would be pretty difficult without a blantant exact copy attempt.
Thanks for the help Botanic. I think I can continue on my current project worry free.