~DarkRubyMoon

Eric

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About Traditional Art / Hobbyist Member DarkRubyMoonUnited States

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Space Invasion of my art

by ~DarkRubyMoon, 1 week, 3 days ago
Journals / Personal

I am so angry. Square Enix, the copyright holders of Space Invaders, just forced Zazzle to remove from their store my design posted at [link] I just had to write the following letter to Zazzle.

To whom it may concern, I strongly object that my artistic interpretation entitled Gamer Girl in anyway shape or form infringes upon Square Enix's intellectual property rights of Space Invaders video game. You will note that the section of the image in question has more than seven points of differentiation from the Space Invaders game character and is therefore my own original creation. Please find attached a close-up image depicting Square Enix Space invaders alien verses a close up of the image used within my original artwork.

Variations
1) My work is in 3D. Square Enix is a flat image
2) My creature has a mouth. Square Enix design does not.
3) There alien has arms downward, my creature has one arm up and one arm down
4) My creature is at an angle. Their alien is perpendicular
5) My creature is green. In the computer game, their alien appears only as white.
6) Their alien has feet inward pointing. My creature has feet outward pointing.
7) My creature is composed of shaded squares. Their alien is a solid shape.
8) The creature in question is a minor part of the composition of the work and not the primary focus of the work.
9) In the game, the alien does not appear to attack a person whereas in this image the alien appears to be attacking a girl.

I object that Square Enix's can claim right to all digital forms of alien depictions. My alien is in fact not a representation of Space Invaders but rather my own game as depicted at instructables website [link] for which I am the copyright holder. In addition, United States copyright laws permit the fair use of parodies of a copyrighted work. This work, for which the alien depiction is only a small portion, is a saterical parody of video games. The Supreme Court of the United States described fair use as an affirmative defense in Campbell v. Acuff-Rose Music, Inc.[20] This means that, in litigation on copyright infringement, the defendant bears the burden of raising and proving that the use was fair and not an infringement. Thus, fair use need not even be raised as a defense unless the plaintiff first shows (or the defendant concedes) a "prima facie" case of copyright infringement. If the work was not copyrightable, the term had expired, or the defendant's work borrowed only a small amount, for instance, then the plaintiff cannot make out a prima facie case of infringement, and the defendant need not even raise the fair use defense.

If my work is not immediately restored, I may seek damages from both Zazzle and from Square Enix for violation of terms of service and suppression of my work.

Sincerely,
Eric Ovelgone

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~DarkRubyMoon

Eric Ovelgone
Artist | Hobbyist | Traditional Art

United States

DARKRUBYMOON.COM
My name is Eric Ovelgone, and I go by the name DarkRubyMoon. I've worked using a wide range of mediums for my art and worked on a wide range of topics. I enjoy everything from country craft art and traditional oil painting to computer graphics. I work on a wide range of genre topics from traditional subject matter to fantasy and anime. I've worked using acrylic paint, watercolors, oils, pastels, pencil, color pencil, pen and ink, clay, wood, paper, computer graphics such as MS Paint, Adobe Paintshop and Photoshop, Corel Draw, etc, etc. I've had some minor recognition such as a painting on display in a local gallery and some minor art awards. I occasionally sell my artwork at local shows in the Maryland region.

I will sometimes do commission work. My prices are reasonable, but I will only take on works I want to do and take as long as I feel I need to complete the piece to meet my standards of quality. If you are interested in having a work commissioned, please contact me with a detailed description of what it is you want done, and I will return with a price estimate for the work. Be sure to allow plenty of time for the work completion.

----------------------------------------------------------
I've just created a new store called "DarkRubyMoon Store" that features my artwork on products not available here. DarkRubyMoon is currently trademark pending. Visit my website at [link] or visit one of these DarkRubyMoon Stores

The DarkRubyMoon website store is at...
DarkRubyMoon Store CafePress:
[link]

The Zazzle DarkRubyMoon store is at...
[link]

My new Printfection DarkRubyMoon Store is at...
[link]

I've also created a new email address...

darkrubymoonstore@gmail.com

Email me for inquiries into commissioning custom artwork or special request. You can now follow me on Twitter to receive notices about personal experiences and information about new artwork at...
Twitter: [link]
Facebook: [link]
Blogspot: [link]
Tumblr: [link]
MySpace: [link]

Check out my other galleries at...
RedBubble: [link]
sheezyart: [link]

PLEASE NOTE: DEVIANTART IS AN ART WEBSITE AND THEREFORE DOES CONTAIN SOME ADULT CONTENT INCLUDING ADULT NUDES AND WORKS OF A SEXUAL NATURE. SOME ADULT CONTENT IS SAVED IN THE FAVORITES SECTION. IF YOU ARE UNDER 18 YEARS OF AGE, PLEASE DO NOT VIEW CONTENT UNDER "ADULT ORIENTED OR NUDES" WITHIN MY OWN GALLERY OR THE "NAUGHTY, NUDE, EROTIC" SECTION OF FAVORITES. PLEASE ASK YOUR PARENT'S PERMISSION BEFORE VIEWING ANY ARTWORK ON THIS WEBSITE. WHILE MOST ADULT CONTENT IS BLOCKED FOR THOSE UNDER 18, I CAN NOT CONTROL IF OTHER ARTIST FAIL TO MARK THEIR CONTENT AS ADULT ORIENTED.

Current Residence: Maryland
deviantWEAR sizing preference: Medium
Favourite genre of music: Heavy Metal, Industrial, Classic Rock, Metal
Favourite style of art: Fantasy, Manga, Romantic, Impressionism
Operating System: Windows XP, Win 7
MP3 player of choice: whatever is cheapest
Favourite cartoon character: Sakura from Card Captures followed by any Avitar character
Personal Quote: "But I don't want to go among mad people," Alice remarked.

DarkRubyMoon.com

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Comments

~Strooitje Apr 30, 2013 Hobbyist Traditional Artist

Hello Eric,
One day i had a dream of a woman wearing a castle as a crown on het head. The following day i started sketching and after a few weeks the first work in my series 'Petrefied' was finished.
At the moment I entered one of these drawings (Regina Bruggia [link]) in this facebook contest and it will be printed (if 'liked' enough) on a card (freely available in cinema, stores such as fnac, scholes).
A long time ago, you

my drawing, so if you still like it, i wanted to ask you to help me win this contest.
Please
1) click the picture (behind the link) [link]
2) 'like' it
Thanks a lot !