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Intellectual Property Law

: Patent Arcade

Is artistic style a new type of Video Game IP?

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Courts have held that artists' copyright protection can extend beyond their literal pictorial works, and some courts have even insinuated that an artist can receive copyright expression for their artistic style, e.g., Steinberg v. Columbia Pictures Inc., 663 F.Supp. 706 (S.D.N.Y. 1987) (holding that cover artist for The New Yorker's copyright protection extended beyond literal copying of his work, and that poster for Moscow on the Hudson infringed his copyright).

The Simpsons, a popular TV show, video game, and now movie, are easily recognizable for the cartoonish style originated by its creator, Matt Groening:



Well now you, too, can look like the Simpsons. Yes, that's right, at SIMPSONIZEME.COM you can upload a picture of yourself and see what you would look like in Springfield, AS (AS=AnyState). In case you're curious, here I am in simpsonized form:




SimpsonizeMe.com is clearly "simpsonizing" people under the authority of the Simpson's copyright owner. However, it does make one wonder whether, if I had drawn the above cartoon myself, would I be liable for copyright infringement of the Simpsons' creator's style... food for thought.

Full post as published by Patent Arcade on July 22, 2007 (boomark / email).

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