View Single Post
Old July 3 2013, 09:10 PM   #44
Locutus of Bored
I Don't Need Your Civil War
Locutus of Bored's Avatar
Location: Huntington Beach, California
Re: Roger Dean sues over movie Avatar

JarodRussell wrote: View Post
But if the novel only serves as inspiration for something, he doesn't need to be compensated. If something justs ends up being used in a big collage of inspirational photographs, paintings and drawings during PRE PRODUCTION to create new artwork, then there is no need for compensation.
We're not talking about words on the page or musical notes where it's easier to show direct plagiarism, we're talking about design, where it's much more subtle and difficult to prove.

If it were as simple as two different artists having the idea for floating mountains spontaneously (which has happened multiple times), that wouldn't be sufficient to demand credit and compensation. But if you can show a consistent similarity in design style, from the floating mountains, the city-sized leaning trees, the colorful dragons being ridden as beasts of burden, and the arching rocks (all of which Dean can show), and you can establish through direct quotes from Cameron and the production designers that they got the ideas from your works (which apparently he can show too), than how is that any different from you essentially serving as a concept artist on the film without receiving any credit or compensation?

So the government voluntarily disclaims any need for compensation. Everyone could do the same if they chose to do so, including guys like Roger Dean.
No shit. He doesn't choose to do so, which is wholly his right.

If NASA was a private organization that insisted on getting compensated for the use of their photographs and imagery, what then? So that argument is beside the point.
It was YOUR argument. If it's besides the point, don't make it.

If NASA was a private organization, than yeah, you'd have to pay them for the rights to use their imagery in a film. Pardon the pun, but this is not rocket science.

If it was something like basing a CGI galaxy in a movie off of a picture of a real galaxy they took, then no, that wouldn't count, because you can't copyright the appearance of real galaxies.

But photographs, drawings and paintings made of animals are.
What if you take a painting of an animal for inspiration out of a book? Someone painted it, the publisher released it, surely the painter or publisher needs to be compensated because you used his book as inspiration for your billion dollar box office smash hit. See where I'm getting at? It's not ridiculous at all.
Yes, it's completely ridiculous, because you can't copyright a gazelle that just looks like a normal gazelle. But if there was something unique about the way you depicted the gazelle, and if that design style was repeated throughout your works, and if another artist borrowed that specific design style repeatedly, and if that artist publicly acknowledged that he borrowed your designs, then yes, you might very well be qualified to receive a credit and compensation.

McQuarrie surely collected a bunch of photographs, drawings, blueprints of buildings before he did all his concept art sketches. Every artist has an archive of inspirational work made by others.
So yes, certainly you can make that connection.
And I do think you can spot a couple of real world buildings in Coruscant in some scenes, like Burj Dubai. Did they credit and compensate the architect?
You think they ripped off the design of a building that didn't even begin construction until five of the six Star Wars movies were already released and the sixth was already well into filming and way past the concept art stage? Did Ralph MacQuarrie time travel into the future from when he designed Coruscant in the late 70s? Did the later artists time jump from the mid to late-90s when they added Coruscant to RoTJ and showed it extensively in The Phantom Menace?

Having a really tall pointy building doesn't mean it was based on Burj Khalifa, especially since really tall pointy buildings were in MacQuarrie's art from way back in the late 70s. Now, if you could show that the concept artists took a whole series of building designs from the same architectural firm with no compelling reason to use them (for instance, you can't claim infringement if someone uses the Empire State Building in a CGI depiction of New York), and then you had documented proof from interviews and publications where they acknowledged using them, you could make a case for receiving credit and compensation.

Want to get personal again? Do you have anger management problems? You ALWAYS do that when you argue with people.
Just people who I feel are jerking myself and others around and purposely missing the point. I'm not a big fan of that.
- There are stories about what happened.
- It's true. All of it. TNZ, Hulk, ModMan. They're real.
Locutus of Bored is offline   Reply With Quote