Is an artistic style copyrighted

I am looking at making a small RPG with south park graphics (love the style and its easy) but am not sure of the ramifications, as far as I can see as long as I make all of the graphics myself and do not copy a character / asset / name from the show I should be ok?

not user if style falls under fair use or not.

Thanks

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Comments

  • jamie_cjamie_c ImagineLabs.rocks Member, PRO Posts: 5,772

    A style of art is not copyrightable, the characters are of course but you're not planning on using those so you should be safe.

  • KevinCrossKevinCross London, UKMember Posts: 1,894

    While the style of art probably isn't copyrightable I'd tread carefully because they could see your game as damaging their trademark when people think it's a game released by or associated with South Park in one way or another because it's quite a recognisable and unique'ish style. Fair use probably won't hold up when you're making money off of it all.

    If you find the style is easy to draw I'd look at ways of making it your own style by changing the shapes of the body, heads, hands, and eyes etc. and maybe a little more detail/shading. A number of little changes like this could save your bacon later on.

  • Bowhill GamesBowhill Games Member Posts: 191

    Thanks guys, ill look into making some unique differences to the characters but don't want to go too far as its the style that I like however all of the scenery is already different so ill be safe in that regard.

    Thank you for your input.

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  • smurftedsmurfted Member, PRO Posts: 570

    My Donald J Thump game was very southpark in animation style. I've been okay..

  • Bowhill GamesBowhill Games Member Posts: 191

    I saw that similar body shape but face is very different, this is what I have so far (sorry for poor Qty save wasn't very good.

    I Think the scenery is ok as south park houses a very vibrant 2 story

    character may be to close alto is completely custom I have created each component from scratch.

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  • ArmellineArmelline Member, PRO Posts: 5,332

    One thing to consider is this... The style may not be copyrightable (I think they'd have a good shot, though), but that doesn't matter. If the South Park guys decide to take exception to your use, they'll be able to stop you using it. A letter from their lawyer saying "Remove your game or get sued" and your game is removed. Unless you have tens/hundreds of thousands of dollars to fight it.

    You take a big chance.

  • Bowhill GamesBowhill Games Member Posts: 191

    hmmmm good point, might have to put some changes in to make them less like south park maybe ears or different shape head.

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  • jonmulcahyjonmulcahy Member, Sous Chef Posts: 10,408

    just looking at your character artwork, it looks like you used a southpark generator to make them, which might cause problems :) Everything else looks ok, but I would rethink your character designs. As @Armelline said, you are taking a big chance with it being so similar.

  • Bowhill GamesBowhill Games Member Posts: 191
    edited May 2016

    Hi @jonmulcahy actually I used inkscape to create him out of basic shapes, I made 3 different body's and hairstyles as well for a range of characters, although now you say that I can see it would be difficult for anyone to know that by looking at him only that hair styles wont exist and I could provide the inkscape files on request.

    I think you guys are right might need to change the style a bit to prevent agro later down the line, although it would be quite ironic for south park to sue someone for a change.

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