Porcelain Toilet
I don't sign, even though I am a fan of Homestuck. I'm simply putting out an argument.
Since you seem to be putting out some thought into your argument, I'm going to break this down. There's a lot of misinformation and misunderstandings flying around this thread now, and it's best to address this. Again.
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Wouldn't Gaia be promoting his comic by making these items? People will learn what they were from, go to the comic, read it and possibly love it.
This isn't the case at all. At the moment, that amount of traffic or even anything quanitifying "promotion" by Gaia of Homestuck would be amount to nothing. Gaia is not linking back to Homestuck in any way in these items, nor even acknowledging the fact that the designs are from Homestuck, therefore they are not giving them anything through these items. It also ignores the opposite: How much money has Gaia made through the sale of those RIGs? How many RIGs were sold because of the inclusion of the Homestuck mood bubbles?
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Even if they didn't ask him, they are simple designs. Anyone can copy that by accident, or not. Also, with the candy corn horns. That's not an original idea from Homestuck. Candy corn used as horns has been around before Homestuck. When I was a kid we used to glue them to the pumpkins as devil horns. So I hate how people say that idea belongs to Homestuck. It's like the Zodiac signs, they don't own it. They just put it into more of an extreme.
This ignores the other
mood bubbles, and the sheer amount of correlations between images, and the rights of Hussie as copyright and intellectual proprty owner. I would also suggest you read http://lexxercise.tumblr.com/post/5965105973/intellectual-property-copyright-law-and-fan-art]Lexxy's post regarding Intellectual Property and copyright law here on her tumblr, as it explains exactly what Intellectual Property means, what rights Hussie is entitled to here as the owner of the Intellectual Property, what parody means in regards to fair use, and other great resources and information. The most important thing to remember is this:
Everything made or designed by Andrew Hussie is protected as his Intellectual Property, and thus copyright to him. Hussie does not own the idea of a the images rendered in his comic,
but he does own the specific rendering used for those ideas.
softest owl
Hussie actually DID draw the symbols! NONE of those symbols as they appear in Homestuck and in the Gaia bubbles have any copyright holder BUT ANDREW HUSSIE. That's because they were all created and drawn by him.
There are major differences between
this image depicting a green worm and
the design of the green slime ghost as shown in Homestuck. These differences set the designs apart, and show that as far as intellectual property is concerned, these designs belong to their individual owners. To use these designs without consent, even relabeling the worm as a ghost or vice versa, would constitute copyright violation. As well, slightly repurposing the designs still makes them a derivative work, and thus still violates copyright. While Hussie may not own the idea of a green worm/ghost, he does own the manner in which he has rendered them.
This is what has happened in the Gaia mood bubbles. At a cursory glance, one can easily determine the source of these items and how they are related to their Homestuck origins. There is no use of parody, very little attempt made to hide the origins of the items, and they directly profited from the release of the items through the mood bubble RIG.
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With these items, Gaia was trying to please the fans and now you're all rejecting them.
There are better and
legal ways to please a fanbase than appropriation, copyright violation, and disregarding the Intellectual Property owner. There is nothing shameful in expecting a business to hold itself to better legal standards. What about the copyright owner? Shouldn't his wishes and rights be concerned as well? Or is that somehow lesser?
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It's okay that Gaia never contacted them to use this, that's how businesses work. Also, it's not hurting the comic in any way. I don't see the problem. :I
This is wrong. This is wrong in every sense of copyright law, of common and legitimate business practice, and it is wrong in the statement that it's not hurting the comic. First of all, no it is not okay that Gaia never contacted them before the sale of the items. It’s within the rights of any owner of an intellectual property to not allow third parties to sell any visual representation of that property. Which is exactly what happened here. And that really does hurt the comic, in a number of ways. One of the major ones being that if an artist does not exercise enough effort to protect their intellectual property,
a court may rule that it is no longer theirs. That is an incredibly destructive thing for an independent creator. For an independent artist, as Hussie is, actually pursuing these kinds of copyright violations can be costly as far as time and money are concerned; time and money that could be put towards developing the IP. And Hussie actually loses money due to the sheer amount of traffic he gets. It's actually been documented a number of times how much actually running the site with all that traffic costs. This move by Gaia is literally just profitting on the work of an independent artist.
And it's not how businesses work at all. Wholesale copyright violations do not equate good business practice. Ever.