Is tracing existing art legal?

blue_elephant

I wanted a tree stump for my game so I looked around for one in open game art and those places. I found one in shutterstock that I liked but wanted in a little bit of a different style. I traced the stump and colored it how I wanted. Will that be okay to use in my game? It looks very different.
Thanks

KnightStar

While working at Activision on the Spider-Man franchise, we normally ran into similar issues when it came to creating artwork based on the NYC monuments, buildings, and other recognizable structures. Our Legal team indicated that so long as the game-art was at LEAST 30% different in both geometry (shape) and texture (color, patterns, etc.), Activision would could use the art without risk of lawsuit.

Does that apply to stuff we make? I'm no lawyer, but the best advice I can give it to create your own work. If you really like the artwork you traced, make sure it's pretty darn different so if you were to be dragged to court and forced to show the original piece and your creation side by side, you could easily identify the differences.

Also note - unless you're sitting on a Scrooge McDuck Moneybin full of World of Warcraft and Call of Duty cash and have a battery of lawyers working for you like Activision does, you're better off being original..

- KS

KnightStar

One more thing - don't hesitate to look at Wikimedia Commons for imagery. Most of the time, you can use assets from there with only requiring accreditation in your game credits (listing the original artist in your credits screen). Think about taking one of THOSE images and doing your trace + modify work there. You're less likely to face legal troubles and adding someone's name to your Game Credits screen is much easier than dealing with legal troubles of a lawsuit or injunction.

- KS