I saw this on Slashdot. It's about a [url="games.slashdot.org/games/03/09/07/1725254.shtml?tid=127&tid=186&tid=206&tid=212"]graffiti artist suing Rockstar[/url] for using one of his works in Grand Theft Auto 3. It'll be interesting to see the outcome, and I'm curious as to how the law sees all this. I've noticed Max Payne 2 has graffiti textures as well, and game developers generally aren't worried about using famous paintings, works of art and murals for game textures. I wonder if you can sue game developers for duplicating famous architectural designs and landmarks (Sydney Opera House etc)..
Red 5: I think you may be right that if he did the graf on a public space then he has no case but as for not being able to contact him well then they just shouldn't use it.
And most of the famous pieces being used have been public works for a while, you'll notice alot of the same ones popping up in games, the same reason you see countless bad prints on peoples living room walls.
" I wonder if you can sue game developers for duplicating famous architectural designs and landmarks (Sydney Opera House etc"
I believe you can if you don't have permission, not positive though.
The person still owns the rights to the design, even if it is done illegaly. One breach of law does not invalidate the other.
Example: Cars (in Queensland road law) must give way to pedestrians.
A pedestrian who crosses the road at the wrong location or on a red light is J-walking and breaking the law. But the car still has to give way.
Sure the person could not be contacted to secure the rights but that does not make their work open slather. It can be destroyed, if it is done on property belonging to someone else, but the idea, the design fall under intellectual copyright. The guy has a case.
Pantmonger
Just reading the source of that information, it refers to the graffiti artist in question having an international reputation and that his work has been reproduced in books, magazines and film... It sounds to me as though Rockstar may have scanned some of his work straight out of a book which would be a big mistake without his prior permission.
Graffiti art isn't neccessarily illegal just because it's graffiti art. I know of a couple places in melbourne who have gotten artists to do "graffiti" on the walls of their shops etc.
It's better to have good looking artistic graffiti on your wall than a bunch of lame tags. And since theirs that graffers "code" of not graffiting over someone elses graffiti it can keep those evil taggers away.
Also, there are often competitions etc. where people do graffiti on huge canvases etc. rather than walls. You often see these at skate competitions, music festivals and such like.
CYer, Blitz
If it was a legal graf then Rockstar should pay out bigtime but if its on some brickwall like fluffy said then the guys a fool.
Yeah graffiti is much better than tags, any lame 8 yr old can tag but graffiti needs alot of skill.
I still don't believe either should be painted on someone elses property, get a canvas for your art if you want to show it.
quote:Originally posted by Red 5
Just reading the source of that information, it refers to the graffiti artist in question having an international reputation and that his work has been reproduced in books, magazines and film... It sounds to me as though Rockstar may have scanned some of his work straight out of a book which would be a big mistake without his prior permission.
I wonder if you would need permission if you were filming a scene in a movie which happened to have some graffiti/artwork (think museum) in the background.. in a sense, is that really much different from it appearing in a game? Where the artwork isn't a big factor or main focus in the movie/game, but merely background..
You would think that if a graffiti artist's work is painted onto public property then it too would become public property, anyway how could such a person be contacted for licencing of his/her work for use in a game?... this person is dreaming.
I know Bizarre have to notify/licence the use of every shopfront for Project Gotham Racing 2 (which is an enormous task in itself), and there'll be 12 cities featured in the game.