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My Illustrations on Brain Challenge

Oct 01, 2010 28 Comments

Just found out an iPad game called Brain Challenge is using two of my illustrations as their game background without my consent. The original sources can be found on my wallpapers section. Below are the screenshots:

screenshot 1

screenshot 2

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28 Comments… +add yours?

  1. Oct 01, 2010 @ 12:12:11

    Kutie

    will you sue them?…

  2. Oct 01, 2010 @ 12:20:18

    WicCaesar

    Oh my! And it’s from Gameloft! Never expected!

  3. Oct 01, 2010 @ 12:23:02

    Tyce

    That’s ridiculous Nick, have you taken some legal action?

  4. Oct 01, 2010 @ 12:26:22

    Esteban

    legal action? oh please get a life!

    • Oct 02, 2010 @ 03:15:05

      Keely

      Get a life? That IS his life. How would you like it if your work was taken and you were paid nothing. Somehow, I don’t think you would.

    • Oct 05, 2010 @ 08:24:49

      louis

      And you Keely… did you pay a license for the font you use in your logo? Did you ask a permission to Apple to use an image of the iPhone from their catalogue on your blog… etc? But all this doesn’t excuse the editor of that app.

    • Sep 08, 2011 @ 17:40:31

      Keely

      And you louis … who do you think you are anyway?
      If you have time to waste going and criticising people’s blogs without foundation you really need to get a life. Badly.

  5. Oct 01, 2010 @ 12:42:38

    Jamin

    Isn’t that also a game on Nintendo DS & Xbox Box Live Arcade? I’d say it looks like some one owes you big!

  6. Oct 01, 2010 @ 12:53:17

    Matt W

    That is definitely your illustrations. I know your in Canada so I’m not sure how much our(US) copyright laws differ. In the US, if someone took my design, changed it 30% or more, then it is considered a new work of art. Then again, how the hell do you measure 30%?

    • Oct 02, 2010 @ 18:10:19

      Forrest

      Actually, that’s just a myth. Your artwork is always your artwork no matter how much it’s changed.

  7. Oct 01, 2010 @ 13:28:47

    Cartes

    So, what you gonna do??? tell us please

  8. Oct 01, 2010 @ 14:44:30

    Karina

    Some people have no shame. I heard that this happens a lot to designers but I’m not quite clear on how you combat this type of theft, especially since they are profiting from it.

    If you decide to take action against them, could you please post updates? It would really help other designers have an idea what to expect when this happens to them.

  9. Oct 01, 2010 @ 14:48:37

    Trey

    D’oh! Percent commission of all titles sold, or a flat price? Either way, you’re entitled to some compensation, my man. Good luck and nice catch.

  10. Oct 01, 2010 @ 17:42:20

    Mark

    @Esteban -of cause legal action! If we don’t all we do is devalue our industry.

  11. Oct 01, 2010 @ 18:52:19

    Jeremy

    Welcome to the new America

  12. Oct 01, 2010 @ 23:18:01

    Dan

    Nothing to worry about! Don’t panic, guys. If they took the images, that’s good. It means they were so professionally created that were good enough for their iPad app. It should be an honor. Your design is “alive” and it’s beyond you, many designers would like to be in your position, believe me. So just take it as a funny and honorable situation and keep creating good things :-)

  13. Oct 02, 2010 @ 01:14:30

    Josh

    I can see how they are really similar, and that they’ve been inspired by your work, but looking at the images I can’t see any spots that match perfectly. If they do can you do an overlay and show us?

    Thanks!

  14. Oct 03, 2010 @ 07:22:19

    Orange

    Brain or Brian :p, mistyped.

  15. Oct 03, 2010 @ 07:58:39

    Ricky Monsang

    Another copyright infringement, quick legal action a best solution. On da flipside itz gud to see my icon’s old works in apple application. Ur works r far ahead of others… :)

  16. Oct 03, 2010 @ 10:12:20

    Allison Quering

    You really do beautiful work.

    • Oct 03, 2010 @ 10:21:00

      Allison Quering

      (I accidentally submitted my comment before I finished writing) It is certainly a compliment that they used your work for their app, but taking your artwork without your consent or at least crediting you…? That’s illegal, at least in the US. Intellectual property. Good luck if you decide to sort it out with them.

      PS- I love your theme on WordPress.

  17. Oct 03, 2010 @ 10:17:37

    Amcikizlenet

    I can see how they are really similar, and that they’ve been inspired by your work, but looking at the images I can’t see any spots that match perfectly. If they do can you do an overlay and show us?

    Thanks!

  18. Oct 04, 2010 @ 09:07:15

    Diogo Dantas

    Without your consent? This is bad. Is your work. I think the copyright is very important. Is so hard to take your authorization to use your image in his application? Oh, man.

  19. Oct 05, 2010 @ 07:30:19

    Chris Cox

    An interesting one. On the one hand, you’ve made these works freely available as desktop wallpapers, so it’s not as if you were ever expecting commercial return from them. On the other hand, they were used in a way expressly forbidden by the terms on which you released them.

    You’d definitely be within your rights to pursue royalties.

  20. Oct 05, 2010 @ 20:24:58

    LA

    Is it actually illegal if they reproduced the images? Because they don’t look exactly the same. Yes, they are very similarly or maybe even identically styled, but who’s to say that they didn’t use your images as a template to draw their own? I mean…there aren’t a billion ways to draw bamboo or cherry flowers…and you didn’t invent bamboo or cherry flowers, so is it intellectual property? They probably googled and redrew based on your designs.

  21. Oct 06, 2010 @ 03:06:22

    Mandeep Khunkhuna

    You have created some beautiful illustrations and it is a shame that the person who has re-created them has not asked for your consent. I think only you know if it is your work or not, even though some people think that the work is just inspired from you own.

  22. Oct 06, 2010 @ 14:58:35

    Alexis Blas

    The other days I saw the http://www.webdesignerwall.com/ background on a street banner….

  23. Oct 08, 2010 @ 09:44:09

    DWI

    I think your first step is to send an email directly to the company to ask them to “cease and desist”. If that doesn’t work contact a lawyer who works with copyright law, and have them a letter. The “GAG” Graphic artist guild maybe able to help too.

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