It's like your friends comes up with a bracelet design and send it to you, you make it for them, steal it back and sell it as if you came up with the design. It's so messed up and weird. The artist also technically stole the design and sold it when it wasn't theirs. The problem is that the vtuber can't properly prove that they were the ones who created the design
this happened to me once when my friend bought us candy and she wanted it back cause she was angry at me, so i just stuffed it all (my candy) inside my mouth😭
Wait. So she thinks she has rights to a character because she made art for them? I have helped several people design characters that they had ideas for, that doesn’t make it my design. This annoys me.
whatever the artist is trying to do would never fly in the court. In the past I made really popular sticker design that was fanart of BTS. Specifically it was Magic shop entrance ticket sticker, there wasn't official design for magic shop sticker but since bighit (now hybe) owns copyright for magic shop my design got removed. and if i did the same thing this person is doing and claimed "well i designed this specific sticker" no judge would ever take it seriously.
I’ve helped friends and people I know make their characters this is absolutely insane I’ve never say “oh I drew this so it’s my design even though you made the design!” That’s just stupid especially if you did it for FREE
Being a moot with Miko, it was heartbreaking to see al of this. And i will say the same thing i said on twitter - YOU CANT REVOKE GIFTS. end of story. Banya is completely in the wrong.
@@CursedJames64i watched hallway of the video correct me if Im wrong. But she got her model stolen and at least the point I am in the video she is being blamed for stuff the other person blaming had no proof of. How that makes a person toxic IF thats the situation?
@@瑠衣っち I have no idea about this. I wasn’t present online for, like, 2 months. Plus - moot =/= bff. And until I see evidence of HER (not her fans, not her friends, not people saying they talk for her, etc,) being a bad person I won’t believe it. Innocent until proven guilty
Re-selling can also potentially cause problems for the artist. Not many buyers would be happy to find out the model they are spending hundreds on is similar to someone elses, let alone another person's character. As a freelance artist, you really should be building trust, not sowing the seeds of doubt. Clients will see this and be afraid you're going to try to revoke their characters.
Except Akuma Miko deserves to be treated that way. No seriously do your research. Even Kat didn't do her research. Fucking hell. Everyone Akuma Miko betrays or wrongs ends up being the one harassed and punished. Stop supporting shitty toxic people. Idc about the whole art shit Akuma Miko doesn't deserve any respect PERIOD.
So without all the legal bluster.... The artist gifted a person a vtuber model of THEIR oc.....the person that made the oc has all the rights pertaining to that, so the aritst is essentially trying to steal and resell an oc...the chilean copyright holds no ground because the artist for the vtuber model does not own the oc. Period end of story Nothing is made using that gals model, she just is trying to claim she owns the entire character cause she did a free gift model
I agree this is definitely illegal.. like you can't sell someone's character because you made gift art for them, It's still theur character and making free art of it doesn't make it your character lmao (Same with free customs, you still give it to someone you can't just resell it because you drew it.. you GAVE it to someone!!)
its also not her art either, its akumas art, she would be committing 2 crimes, attemping to sell art that isnt hers, and if she successfully sells it she'll be in big trouble
Naw, that artist is in the wrong imo. The artist didn't come up with the design, she gave a friend a free model as a gift, from what everything sounds, and once the vtuber started to get popular, the artist got salty. You can't just sell a model of an existing IP just because you fell out with a friend. ALWAYS SIGN A CONTRACT.
This, so much this. While it sucks even if you're friends you should always write a contract. There is also a huge difference between creating a design and drawing it. The artist shouldn't get rights to the design if they didn't actually create it, or well designed it. They drew it, they didn't come up with it. If this was how it worked fanart wouldn't exist
So basically the lesson is always make a contract even for free art from friends!! You don't know what can happen so always make sure you're on the same page about it & that one of the party can't just change their mind. (You can always renegotiate the contract later if both parties agree)
It's important to make a distinction between two different forms of IP: Trademark and Copyright. The protections around Pikachu are much more extensive because it's not just a specific representation under copyright, but is a trademark. A concept can't be copyrighted, although other works can violate the copyright of an image as derivative works. (This of course doesn't address the difference in international laws, jurisdiction, etc. )
i don't know who these two ppl are specifically, but it sounds like this artist ex-friend of akuma is projecting their bitterness and jealousy outward from akuma getting popular enough to receive their own youtooz plush. that's my best guess as to why bunya is trying to do 'takebacks' - even though they did draw fanart of akuma for free willingly, they think that akuma isn't entitled to it anymore. as someone who can also get very bitter and salty, i have learned to process those feelings and not take it out on other ppl. bunya should learn to do the same thing.
So Bunya made a desgined for a vutber art for free, making just the outfit and nit the CONCEPT for the vtuber. When miko got a new model ditching the free model with some new plushiea, Bunya didn't like that, so ahen Miko was getting a plushie and, Bunya thought she can stop this with Claming she made the whole Modle concept to mess with miko and claming ot be the victim .
these people have harassed miko for years at this point. they've doxxed her, harassed and stalked her and tried to get her cancelled on multiple occasions (resulting in her being SWATed too) which you can prolly find through her history. it's super messed up
ACTUALLY because the things Miko did to me are criminal not civil, *I* don't need to take her to court. and I already reported her to the FBI. I wont need to spend a dime because I wont be suing her, she would be facing criminal charges. in criminal cases, the victim doesn't need to spend a dime.
its the same with Pokemon and Palworld. Nintendo is trying to get the game taken down because so many Monsters resamble their original Charakters, but its tricky because they made them on a very small legal line that there is barely no chance to take them down. eventho you sea the resemblence. tricky to say the least.
I came here to learn and be educated, but apparently this is a MUCH deeper look into a subculture & its relation to fan/anime/character pic art - crossing over onto international ownership rights & different social media platforms - than I can begin to comprehend. But, as an outsider with a little legal experience and an interest in anime & Roman Albums going back to the 1980s, I can suggest that folks who don't know the law or have experience in it shouldn't speak about it in such absolutes. Ditto medical issues, without having some medical experience beyond simply being a patient. Especially when it isn't related to the issue at hand. Super-especially if both sides are claiming mental illness, yet each side claims it's the *others* illness that makes her behave in an "evil" way. Menatl illness isn't an ecuse or an accusation; it is sickness. It is a causation & a rationale. If you both have it, don't claim that one is engaged in "evil" behaviors due to it while the other is simply a helpless victim because of it. Don't apply a morality to an ill brain. "My disease is real and I need understanding - but even though her disease is also real she is malevolant in her actions because of, and as a paradox, separate from the illness." When folks start whipping out insane asylum discharge papers over an issue involving cartoon images, the whole thing has gotten a little looney. Meanwhile, so much of 'sexycute' anime looks are all pretty basic in design. No one owns the 'manga face' or 'anime body.' So much of modeling is just like dressing up a fashion manequinn in the real world. And while one can't copyright an idea in the U.S., one can copyright a design. That's the issue at the core. So, was there an actual contract involved with clear terms? I mean, I'm getting thrown by the "it was free then I decided to pay you but now I am not" bit. If it was free, end of story. You could make up any scenario beyond that. Did both parties agree on free, and what it would all entail per the extent of ownership? This will never go to court, despite all the big talk from all involved. Right now, it all has the appearances of two crazy people fighting over 2-D haircuts and thirfted clothing. And needing assistance in the endevor! However, if it did go to court, I can see this being viewed as a very messy, badly contracted *collaboration* more than anything else, where both main individuals would have some claim & ownership of the model/design of the model, regardless of payment, resale, and so on. It's Lennon & McCarthy. This is what happened with the James Bond novel "Thunderball," orginally credited to and claimed by Ian Flemming. But in court it was divided into three owners, including 2 other writers who worked on an unsold tv pilot that Flemming later developed into "Thunderball." It sounds like both sides have valid ownership claims - from what little I can tell about the rules and customs of Vtube and character models. But both sides also think they know the laws yet somehow not the skills at drawing up and negotiation contracts, unless all of that is somehow done under the rules/bylaws of Vtube. In which case that is what they should defer to, even if Vtube has to make the final decision. Sadly, this is when a fun pastime goes too deep and starts to involve finances, or when true personality is replaced by a fandom.
I think copyright is much more nuance than that. Like if you make fan art and upload it. The copyright is yours. Cause you MADE the fanart. So you CAN sell it. But the IP isn't yours, so the IP holders CAN bring it to court. (if they want to waste money i guess.) And I think it also has to do with the intent. Like if you make a quote unquote "FANART" vtuber model of ex. Shylily. Then USE that model commercially, then it would go against the interests of the IP holder and they would probably have a stronger case than your "I made this" copyright. Gametheory did a video on this, and multiple Artists that are/were big in the industry have done interviews where they say; I wouldn't do it and sell it, but you can do it as long as it doesn't hurt or cross the interests of the IP holders. This is for example why Pokemon and Nintendo right before a releases goes complete NUCLEAR on the fan games and mods around the time a new game is to be released or revealed to make sure the eyes are on them and not on the fan works.
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.
Concept can't be own, what is own is the interpretation of it, because manny people can have the same concept, since its another way to say Idea. Always check the copyright laws of your own country and see if there you can own Ideas, themes and so on. I am based in the USA so I am referring to the copyright laws here in the USA.
I think you make great videos but this matter isn’t as simple from a legal standpoint. Idk any of the folks involved or who’s moral or not, but from a legal/ IP standpoint: most V-tuber designs are generic anime rendering. Unless you have an actual copyright or designed a character that isn’t generic, other people can freely draw & sell based on your ideas, even if you call it your “OC.” Nintendo can own Mario, bc it’s a very specific character (& it’s registered). You can’t just say “I created Cosi an OC that’s a pink haired goth character with diamond earrings, therefore nobody else can draw or sell a pink haired goth character with diamond earnings”
19:48 actually yeh you can sell that. It's called parody and it isn't illegal in the USA or UK along as you make some changes even if it's just making him blue and changing his name to sonichu that's technically yours and you can do whatever you want with it. also if the refrance was pic crews and fan art which aren't their own art then there's definitely no illegal binding. Its imoral not illegal , there should have been a contract. But there isn't. Hopefully they can learn from this
when will people learn that free gifts arent something you can just take back whenever you want. thats simply not how it works. its petty at best. also since it was already an existing character then theres NO way this is legal.
@@CursedJames64still isn't it messed up example u came up with an oc that u loved and it took u DAYS to come up with it or even MONTH'S! And then you're freind says she will make a free model for you! And then u get famous and someone made a plushie of ur oc! And the ur "freind" gets salty and sells you're oc it's like selling information about a person.
mmm.. donnu about it... if we argue about the specific design the artist made, well from what i understand, she created the outfit, she didn't have a specific outfit to make on the model.. so the outfit should belong to her.. and as for the face.. i don't know, it's like really common.. im like pretty sure it's just a combo of asada design from gun gale online and alfheim.. and that's just the first thing that comes to mind.. i feel like i saw to many cat girls with blue hair and bangs to say. ha it's comlitly original to that artist. but. she did "sold" her that design for free.. and by doing it, she also sold her the rights to it.. for also free.. the artist has a right to sue, but i would suggest her to just create a new model and move on, since it was a hard work she gave her for free as a good thing, and now it's bad blood over a nice gift she got.
Funny thing is that they actually CAN. you go to festival here in latam or in other countries and you see people seeling Pokemon and other anime stuff that they drew. Without "authorization" of the original creators. So yeah, It is more of a moral choice but the bad guy wins this one haha
listen i dont like to be petty. well i do. But not when it comes to artists. okay maybe i do. But i'd like to say that until this artist's behavior chnages i hope NO ONE works with them. Because *they* reached out to do free art for someone then tried to turn around and try to sell their character. That's not someone I'd ever entrust my money or any of my ocs with. This is just nasty and petty out of pocket behavior that should not be defended, legal or not
I looked at that atozllcvt person's twitter and just a lot of the stuff they post and say it's just.....off. I think they are just jealous as much as the artist is as well. But I don't know what's all going on in the background but just based on what I have seen. The artist and the person trying to buy the art are so in the wrong.
i nearly took my own life because of miko. you dm'd me and when i started to explain everything you didnt care so i dropped it. dont do tjat and then turn around and say shit like this, without the full story.
when it comes to big ip's, it's ignored most of the time cuz small artists don't make that much off of selling fanart, and it's seen as petty when the big company's bring down the law hammer on them, since they already make so much. now when it comes to small groups, they have to get any cent they can, so it's reasonable for them to stop fanartists from making profit off of their creation.
I know this is totally beside the point of the video, but you mentioned selling stickers of IP you don't own like Pikachu.. I'm curious on your take when it comes to artist alley or people selling fanart online?
WOOOW. Been a while since I've seen such a scummy, petty artist before. Seems like she's seething with jealousy and trying to grasp whatever straws she can to get one over on the vtuber (though I have no doubt the vtuber isn't an angel either, but one illegal act doesn't become automatically legal just because it's done against someone who's also done potentially illegal acts according to them).
As someone who tries to draw when I can, yeah this is scumbag behavior. If I make someone art for free, then it is free. It doesn’t matter if I didn’t come with the concept. A gift is a gift. So who’s to say this person won’t try to sell it later for 4K later because what’s someone’s 500 to 4K? She already made it clear she doesn’t have honor the first time. And it doesn’t matter if we later dislike them. A gift is a gift. This is dumb as heck, and I hope no one is dumb enough to buy the model.
Akuma Miko has no honor, do you think she cared about her selling the model? No, she wanted a reason to harass the artist when she deemed the artist no longer a friend. She'll backstab and use whatever she can to get back at people she's wronged herself. Miko always drums up drama one way or another and portrays herself as a victim. She is not innocent. She's a narcissist and a manipulator who manipulated the artist into giving her free shit. Akuma Miko always has used others and found ways to get rid of them once they've been used up... Just like she did with many others including me.
"Its MY work. My hard ass work." It's YOUR work, but not your original concept or art. It's someone else's. You do not own the concept of AkumaMiko's character, you only modeled it and made arts / an outfit for it(mentioned in the docs). Just because you put your grimey little ass hands on a model and you put all your time and effort on it, DOESNT give you the right to own that character, because you don't. Akuma owns it, end of discussion.
Three things: 1) If the artist manages to sell that, and the buyer is completely unaware of what's happening, they could ask for a refund after probably. Because if you sell something you don't have legal rights too, you're the one to blamed, not the buyer (assuming they knew nothing). 2) Why would you knowingly buy an old, debuted model from an active vtuber? If the vtuber was graduated perhaps, but active?? 3) You can't just retrieve gifts, even if you prove it was done for free YOU ALREADY AGREE it was a gift. Idk about american law, but at least in my country, not even in divorces you can get back gifts…
I believe if you use a free model and try to sell merch with it, without paying commercial rights, I think it's only fair to pay the artist... but the artist behavior is really scummy here and gives of weird vibes. I wouldn't either in that case. The artist could've written the vtuber instead of the company to settle things
It wasn't the artists character design, they don't get ownership of someone else's character just because they made a model of it. The artist has no claim whatsoever to the character design.
yeah they should've talked about that. Tbh the whole thing could've been prevented if they just made a contract with how it was going to be used and such. If what the vtuber said is true & they wanted to compensate the artist before all of this went down then it would've worked out. Tho the artist doesn't really have any rights for the new design as they changed the clothes in the new model & it's the only thing the artist had designed. But I can kinda see their side but they should've simply reached out to the vtuber first instead of contacting the company first and then going on twitter. It kinda feels very deliberate, like they knew they didn't have the rights but wanted to break the partnership & make money out of the scandal by being the poor artist who got their art used w/out permission for money but then got called out for being the one w/out rights to the character 💀
I think that the fact you make a 3-D model means you own the rights because there are only so many models you can make that look different. If you sell your models then anyone can steal it. It is morally wrong but, who copy rights their commercial characters.
I swear to god your vtuber videos only spread harassment and hate when you barely do your research. The art was revoked because of how she treated the artist and used the artist for free shit. Next time actually do your research on some of those people. Akuma Miko is not innocent and deserves no respect.
And Miko, if your reading this (I bet you are cause you're obsessed with people talking bad of you.) Post a screenshot and twist it again in front of your audience, play the victim like you've always have, thats the only thing you can do. I am not afraid, try and slander me, try to downplay what you did to me, the truth is what matters.
As a character designer this makes me so mad. Like sure I'm not all that great at drawing, and typically do my designs in 3D (although I've made smaller logo designs in 2D) but just imagining that I'd commission an artist to do my design in 2D, only for them to claim it as theirs... just no. No-one should have to patent every single fkn design they make just to stop petty vindictive people like this from possibly ruin their collabs or in worst case careers. I hope people think twice before working with this artist again, or at the very least have a lawyer look over a contract that both parties sign before they do. As for AI designs, I don't think you should sell AI art, nor claim that you drew it. But from a design perspective you did technically create the design. It'd be the same as if you'd made it in a character creator or dress up game. The design idea is still yours. Although it does depend a bit on how many prompts you put in. Simply saying "cat girl blue hair" isn't really an original design. But if you have enough descriptors for how you want it to look, that's it's own design and character. Of course DID drama has to be involved in some way here too... What's the deal with everyone and their cat wanting or having DID or other severe trauma based issues all of a sudden? Not saying either of these people are faking it. Just seen way too much about it since mental illness seems to be trending amongst some communities and platforms for some time now. (Not that any of that is any of the people involved's fault, just getting tired of it being a thing). Also, like Kat said, show receipts if you want to publicly accuse someone of something.
When people stop ignoring that these grown women literally s/xual/sed characters that they referred to as children and made comments about inc/st and quit excusing it with "its the culture!" Did seriously nobody else read the google drive where one straight up made inc/st "memes" about a character she also called a 6 year old herself? Edit to add: The culture excuse is dumb anyway cus these women aren't Japanese as far as I'm aware.
Let me guess u came from rev video and try to bring hate to Kat. Well sorry to tell u. That both parties already said there piece on the matter and moved on. At this point y’all are just harassing Kat. Like move on. Or block her at this point. man rev made things much worse and blown stuff out of proportion ugh.
She said she was going to make a follow up on stream. Also she should have her coverage be fair and balanced letting people know both sides and then Kat's opinion. She does state every story has 2 sides and the truth.
Honestly she could have just changed the head and go sell it 😅 like that’s the part that the client influenced, still that leaves a bad rep on the artist
It’s like making someone a bracelet or something, giving it them, then the second you get angry with them, you steal it back to sell to someone else
It's like your friends comes up with a bracelet design and send it to you, you make it for them, steal it back and sell it as if you came up with the design. It's so messed up and weird.
The artist also technically stole the design and sold it when it wasn't theirs. The problem is that the vtuber can't properly prove that they were the ones who created the design
this happened to me once when my friend bought us candy and she wanted it back cause she was angry at me, so i just stuffed it all (my candy) inside my mouth😭
sounds like life in Barcelona
Wait. So she thinks she has rights to a character because she made art for them? I have helped several people design characters that they had ideas for, that doesn’t make it my design. This annoys me.
Same, as a artist myself that is so annoying like behavior ☠️☠️
So by this artists logic you own a character if you drew it? Guess who's the new owner of hit game character Razputin Aquato then!
imagine making art for dc comics and when they fire you, you try and resell batman 💀💀
I LAUGHED FOR 20 MINUTES AT THIS
whatever the artist is trying to do would never fly in the court. In the past I made really popular sticker design that was fanart of BTS. Specifically it was Magic shop entrance ticket sticker, there wasn't official design for magic shop sticker but since bighit (now hybe) owns copyright for magic shop my design got removed. and if i did the same thing this person is doing and claimed "well i designed this specific sticker" no judge would ever take it seriously.
I’ve helped friends and people I know make their characters this is absolutely insane I’ve never say
“oh I drew this so it’s my design even though you made the design!”
That’s just stupid especially if you did it for FREE
Being a moot with Miko, it was heartbreaking to see al of this.
And i will say the same thing i said on twitter - YOU CANT REVOKE GIFTS. end of story.
Banya is completely in the wrong.
Damn you like your friends toxic huh?
@@CursedJames64i watched hallway of the video correct me if Im wrong. But she got her model stolen and at least the point I am in the video she is being blamed for stuff the other person blaming had no proof of.
How that makes a person toxic IF thats the situation?
@@CursedJames64 explain how Miko is toxic, cause... uh Banya literally is in the wrong here.
ain't akuma miko like, a terrible person that was exposed lately
@@瑠衣っち I have no idea about this. I wasn’t present online for, like, 2 months.
Plus - moot =/= bff.
And until I see evidence of HER (not her fans, not her friends, not people saying they talk for her, etc,) being a bad person I won’t believe it.
Innocent until proven guilty
Re-selling can also potentially cause problems for the artist. Not many buyers would be happy to find out the model they are spending hundreds on is similar to someone elses, let alone another person's character. As a freelance artist, you really should be building trust, not sowing the seeds of doubt. Clients will see this and be afraid you're going to try to revoke their characters.
Except Akuma Miko deserves to be treated that way. No seriously do your research. Even Kat didn't do her research. Fucking hell. Everyone Akuma Miko betrays or wrongs ends up being the one harassed and punished. Stop supporting shitty toxic people. Idc about the whole art shit Akuma Miko doesn't deserve any respect PERIOD.
So without all the legal bluster....
The artist gifted a person a vtuber model of THEIR oc.....the person that made the oc has all the rights pertaining to that, so the aritst is essentially trying to steal and resell an oc...the chilean copyright holds no ground because the artist for the vtuber model does not own the oc. Period end of story
Nothing is made using that gals model, she just is trying to claim she owns the entire character cause she did a free gift model
I agree this is definitely illegal.. like you can't sell someone's character because you made gift art for them, It's still theur character and making free art of it doesn't make it your character lmao
(Same with free customs, you still give it to someone you can't just resell it because you drew it.. you GAVE it to someone!!)
its also not her art either, its akumas art, she would be committing 2 crimes, attemping to sell art that isnt hers, and if she successfully sells it she'll be in big trouble
Naw, that artist is in the wrong imo. The artist didn't come up with the design, she gave a friend a free model as a gift, from what everything sounds, and once the vtuber started to get popular, the artist got salty. You can't just sell a model of an existing IP just because you fell out with a friend. ALWAYS SIGN A CONTRACT.
YES!!
This, so much this. While it sucks even if you're friends you should always write a contract. There is also a huge difference between creating a design and drawing it. The artist shouldn't get rights to the design if they didn't actually create it, or well designed it. They drew it, they didn't come up with it. If this was how it worked fanart wouldn't exist
i agree :D
EXACTLY.
ALWAYS
So basically the lesson is always make a contract even for free art from friends!! You don't know what can happen so always make sure you're on the same page about it & that one of the party can't just change their mind. (You can always renegotiate the contract later if both parties agree)
It's important to make a distinction between two different forms of IP: Trademark and Copyright. The protections around Pikachu are much more extensive because it's not just a specific representation under copyright, but is a trademark. A concept can't be copyrighted, although other works can violate the copyright of an image as derivative works. (This of course doesn't address the difference in international laws, jurisdiction, etc. )
i don't know who these two ppl are specifically, but it sounds like this artist ex-friend of akuma is projecting their bitterness and jealousy outward from akuma getting popular enough to receive their own youtooz plush. that's my best guess as to why bunya is trying to do 'takebacks' - even though they did draw fanart of akuma for free willingly, they think that akuma isn't entitled to it anymore.
as someone who can also get very bitter and salty, i have learned to process those feelings and not take it out on other ppl. bunya should learn to do the same thing.
Even if the design can be sold, no one is going to like the fact that the artist sold the model for petty reasons and without the creator's permission
she added a little kendrick lamar reference in the doc-
Wait where
@@THATBrokeAroSpecWallet 5:21 "dont tell no lies about me, and i wont tell truths about you"
was in euphoria by kendrick lamar
Babe wake up a new Katliente video dropped
So Bunya made a desgined for a vutber art for free, making just the outfit and nit the CONCEPT for the vtuber. When miko got a new model ditching the free model with some new plushiea, Bunya didn't like that, so ahen Miko was getting a plushie and, Bunya thought she can stop this with Claming she made the whole Modle concept to mess with miko and claming ot be the victim .
these people have harassed miko for years at this point. they've doxxed her, harassed and stalked her and tried to get her cancelled on multiple occasions (resulting in her being SWATed too) which you can prolly find through her history. it's super messed up
If Atoz can’t afford/ won’t spend money on a $500 Vtuber then I highly doubt she’s gonna want to spend thousands on taking this to court lmao 😭
ACTUALLY because the things Miko did to me are criminal not civil, *I* don't need to take her to court. and I already reported her to the FBI. I wont need to spend a dime because I wont be suing her, she would be facing criminal charges. in criminal cases, the victim doesn't need to spend a dime.
its the same with Pokemon and Palworld. Nintendo is trying to get the game taken down because so many Monsters resamble their original Charakters, but its tricky because they made them on a very small legal line that there is barely no chance to take them down. eventho you sea the resemblence.
tricky to say the least.
I came here to learn and be educated, but apparently this is a MUCH deeper look into a subculture & its relation to fan/anime/character pic art - crossing over onto international ownership rights & different social media platforms - than I can begin to comprehend.
But, as an outsider with a little legal experience and an interest in anime & Roman Albums going back to the 1980s, I can suggest that folks who don't know the law or have experience in it shouldn't speak about it in such absolutes.
Ditto medical issues, without having some medical experience beyond simply being a patient. Especially when it isn't related to the issue at hand. Super-especially if both sides are claiming mental illness, yet each side claims it's the *others* illness that makes her behave in an "evil" way. Menatl illness isn't an ecuse or an accusation; it is sickness. It is a causation & a rationale. If you both have it, don't claim that one is engaged in "evil" behaviors due to it while the other is simply a helpless victim because of it. Don't apply a morality to an ill brain. "My disease is real and I need understanding - but even though her disease is also real she is malevolant in her actions because of, and as a paradox, separate from the illness."
When folks start whipping out insane asylum discharge papers over an issue involving cartoon images, the whole thing has gotten a little looney.
Meanwhile, so much of 'sexycute' anime looks are all pretty basic in design. No one owns the 'manga face' or 'anime body.' So much of modeling is just like dressing up a fashion manequinn in the real world. And while one can't copyright an idea in the U.S., one can copyright a design. That's the issue at the core. So, was there an actual contract involved with clear terms? I mean, I'm getting thrown by the "it was free then I decided to pay you but now I am not" bit. If it was free, end of story. You could make up any scenario beyond that. Did both parties agree on free, and what it would all entail per the extent of ownership?
This will never go to court, despite all the big talk from all involved. Right now, it all has the appearances of two crazy people fighting over 2-D haircuts and thirfted clothing. And needing assistance in the endevor!
However, if it did go to court, I can see this being viewed as a very messy, badly contracted *collaboration* more than anything else, where both main individuals would have some claim & ownership of the model/design of the model, regardless of payment, resale, and so on. It's Lennon & McCarthy.
This is what happened with the James Bond novel "Thunderball," orginally credited to and claimed by Ian Flemming. But in court it was divided into three owners, including 2 other writers who worked on an unsold tv pilot that Flemming later developed into "Thunderball."
It sounds like both sides have valid ownership claims - from what little I can tell about the rules and customs of Vtube and character models. But both sides also think they know the laws yet somehow not the skills at drawing up and negotiation contracts, unless all of that is somehow done under the rules/bylaws of Vtube. In which case that is what they should defer to, even if Vtube has to make the final decision. Sadly, this is when a fun pastime goes too deep and starts to involve finances, or when true personality is replaced by a fandom.
I think copyright is much more nuance than that. Like if you make fan art and upload it. The copyright is yours. Cause you MADE the fanart. So you CAN sell it. But the IP isn't yours, so the IP holders CAN bring it to court. (if they want to waste money i guess.)
And I think it also has to do with the intent. Like if you make a quote unquote "FANART" vtuber model of ex. Shylily. Then USE that model commercially, then it would go against the interests of the IP holder and they would probably have a stronger case than your "I made this" copyright.
Gametheory did a video on this, and multiple Artists that are/were big in the industry have done interviews where they say; I wouldn't do it and sell it, but you can do it as long as it doesn't hurt or cross the interests of the IP holders.
This is for example why Pokemon and Nintendo right before a releases goes complete NUCLEAR on the fan games and mods around the time a new game is to be released or revealed to make sure the eyes are on them and not on the fan works.
15:41
YOU CAN HEAR THE KITTY IN THE BACKROUNDDDD AWWWW
KITTYYY!!!
it's basically stealing someone's OC, the artist is in the wrong
not even an OC, a persona. 😭 A character made to represent yourself, it's basically stealing someone's online identity to sell. 💀
@@vaelia1203 lol, that's even worse😭
@@AliKottLett yep 😬
Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.
Concept can't be own, what is own is the interpretation of it, because manny people can have the same concept, since its another way to say Idea. Always check the copyright laws of your own country and see if there you can own Ideas, themes and so on.
I am based in the USA so I am referring to the copyright laws here in the USA.
I think you make great videos but this matter isn’t as simple from a legal standpoint. Idk any of the folks involved or who’s moral or not, but from a legal/ IP standpoint: most V-tuber designs are generic anime rendering. Unless you have an actual copyright or designed a character that isn’t generic, other people can freely draw & sell based on your ideas, even if you call it your “OC.”
Nintendo can own Mario, bc it’s a very specific character (& it’s registered). You can’t just say “I created Cosi an OC that’s a pink haired goth character with diamond earrings, therefore nobody else can draw or sell a pink haired goth character with diamond earnings”
why is her old design looking like my oc-
girl your my fav youtuber i love watching your vids
19:48 actually yeh you can sell that. It's called parody and it isn't illegal in the USA or UK along as you make some changes even if it's just making him blue and changing his name to sonichu that's technically yours and you can do whatever you want with it.
also if the refrance was pic crews and fan art which aren't their own art then there's definitely no illegal binding. Its imoral not illegal , there should have been a contract. But there isn't. Hopefully they can learn from this
This situation is so messy
when will people learn that free gifts arent something you can just take back whenever you want. thats simply not how it works. its petty at best. also since it was already an existing character then theres NO way this is legal.
Reselling someone else's design is crazy, I'm not trusting that artist with my designs
Research why she did so.
@@CursedJames64still isn't it messed up example u came up with an oc that u loved and it took u DAYS to come up with it or even MONTH'S! And then you're freind says she will make a free model for you! And then u get famous and someone made a plushie of ur oc! And the ur "freind" gets salty and sells you're oc it's like selling information about a person.
the kendrick reference oh my god ,,,???
easiest way to lose future clients. you do this to one person, what's to say you wont do this to the next person who "scorns" you?
mmm.. donnu about it... if we argue about the specific design the artist made, well from what i understand, she created the outfit, she didn't have a specific outfit to make on the model.. so the outfit should belong to her.. and as for the face.. i don't know, it's like really common.. im like pretty sure it's just a combo of asada design from gun gale online and alfheim.. and that's just the first thing that comes to mind.. i feel like i saw to many cat girls with blue hair and bangs to say. ha it's comlitly original to that artist. but. she did "sold" her that design for free.. and by doing it, she also sold her the rights to it.. for also free.. the artist has a right to sue, but i would suggest her to just create a new model and move on, since it was a hard work she gave her for free as a good thing, and now it's bad blood over a nice gift she got.
Funny thing is that they actually CAN. you go to festival here in latam or in other countries and you see people seeling Pokemon and other anime stuff that they drew. Without "authorization" of the original creators. So yeah, It is more of a moral choice but the bad guy wins this one haha
listen i dont like to be petty. well i do. But not when it comes to artists. okay maybe i do. But i'd like to say that until this artist's behavior chnages i hope NO ONE works with them. Because *they* reached out to do free art for someone then tried to turn around and try to sell their character. That's not someone I'd ever entrust my money or any of my ocs with. This is just nasty and petty out of pocket behavior that should not be defended, legal or not
this is getting way too common
I looked at that atozllcvt person's twitter and just a lot of the stuff they post and say it's just.....off. I think they are just jealous as much as the artist is as well. But I don't know what's all going on in the background but just based on what I have seen. The artist and the person trying to buy the art are so in the wrong.
i nearly took my own life because of miko. you dm'd me and when i started to explain everything you didnt care so i dropped it. dont do tjat and then turn around and say shit like this, without the full story.
when it comes to big ip's, it's ignored most of the time cuz small artists don't make that much off of selling fanart, and it's seen as petty when the big company's bring down the law hammer on them, since they already make so much. now when it comes to small groups, they have to get any cent they can, so it's reasonable for them to stop fanartists from making profit off of their creation.
ME GETTING INTO A KATLIENTE VIDEO? LETS GO W BASED!
I know this is totally beside the point of the video, but you mentioned selling stickers of IP you don't own like Pikachu.. I'm curious on your take when it comes to artist alley or people selling fanart online?
Also, looking at Aku's model makes me feel the desperate need to redesign myself.
WOOOW. Been a while since I've seen such a scummy, petty artist before. Seems like she's seething with jealousy and trying to grasp whatever straws she can to get one over on the vtuber (though I have no doubt the vtuber isn't an angel either, but one illegal act doesn't become automatically legal just because it's done against someone who's also done potentially illegal acts according to them).
Also Banya looks like a seriakl tracer. All of their art looks vastly different
As someone who tries to draw when I can, yeah this is scumbag behavior. If I make someone art for free, then it is free. It doesn’t matter if I didn’t come with the concept. A gift is a gift. So who’s to say this person won’t try to sell it later for 4K later because what’s someone’s 500 to 4K?
She already made it clear she doesn’t have honor the first time.
And it doesn’t matter if we later dislike them. A gift is a gift. This is dumb as heck, and I hope no one is dumb enough to buy the model.
Akuma Miko has no honor, do you think she cared about her selling the model? No, she wanted a reason to harass the artist when she deemed the artist no longer a friend. She'll backstab and use whatever she can to get back at people she's wronged herself. Miko always drums up drama one way or another and portrays herself as a victim. She is not innocent. She's a narcissist and a manipulator who manipulated the artist into giving her free shit. Akuma Miko always has used others and found ways to get rid of them once they've been used up... Just like she did with many others including me.
kendrick? 5:21 but all jokes aside this is a wild place to be in
"Its MY work. My hard ass work."
It's YOUR work, but not your original concept or art. It's someone else's. You do not own the concept of AkumaMiko's character, you only modeled it and made arts / an outfit for it(mentioned in the docs). Just because you put your grimey little ass hands on a model and you put all your time and effort on it, DOESNT give you the right to own that character, because you don't. Akuma owns it, end of discussion.
Three things:
1) If the artist manages to sell that, and the buyer is completely unaware of what's happening, they could ask for a refund after probably. Because if you sell something you don't have legal rights too, you're the one to blamed, not the buyer (assuming they knew nothing).
2) Why would you knowingly buy an old, debuted model from an active vtuber? If the vtuber was graduated perhaps, but active??
3) You can't just retrieve gifts, even if you prove it was done for free YOU ALREADY AGREE it was a gift. Idk about american law, but at least in my country, not even in divorces you can get back gifts…
okay but what happened to trigger this lol like they mustve had a falling out
Not another art theft!
The artist is kind of shady!! But to be fair, I haven't finished watching the video haha
Everyday the vtuber art community is in some kinda crazy issues.
I believe if you use a free model and try to sell merch with it, without paying commercial rights, I think it's only fair to pay the artist... but the artist behavior is really scummy here and gives of weird vibes. I wouldn't either in that case. The artist could've written the vtuber instead of the company to settle things
It wasn't the artists character design, they don't get ownership of someone else's character just because they made a model of it. The artist has no claim whatsoever to the character design.
yeah they should've talked about that. Tbh the whole thing could've been prevented if they just made a contract with how it was going to be used and such. If what the vtuber said is true & they wanted to compensate the artist before all of this went down then it would've worked out. Tho the artist doesn't really have any rights for the new design as they changed the clothes in the new model & it's the only thing the artist had designed. But I can kinda see their side but they should've simply reached out to the vtuber first instead of contacting the company first and then going on twitter. It kinda feels very deliberate, like they knew they didn't have the rights but wanted to break the partnership & make money out of the scandal by being the poor artist who got their art used w/out permission for money but then got called out for being the one w/out rights to the character 💀
hearing my name at 19:51 * surprised pikachu face *
That's crazy. 😨😣
Legal cases cross boarders are hard
lol the model looks like you
in usa a gift would be bound to gifting laws and she legally CAN'T Take back a GIFT.
Yay more vtuber drama
Godzilla had a stroke reading the title and fucking died
I am way to early😭
FR! 😂
Same?
hii!
I don't know why but everything I hear about copyright law I always expect Chris-Chan (Sonichu) to be brought up LMAO.
I think that the fact you make a 3-D model means you own the rights because there are only so many models you can make that look different. If you sell your models then anyone can steal it. It is morally wrong but, who copy rights their commercial characters.
The title of the video mixed me
I swear to god your vtuber videos only spread harassment and hate when you barely do your research. The art was revoked because of how she treated the artist and used the artist for free shit. Next time actually do your research on some of those people. Akuma Miko is not innocent and deserves no respect.
And Miko, if your reading this (I bet you are cause you're obsessed with people talking bad of you.) Post a screenshot and twist it again in front of your audience, play the victim like you've always have, thats the only thing you can do. I am not afraid, try and slander me, try to downplay what you did to me, the truth is what matters.
@Andywhitaker8 I didn't dox her. Some kid did. He also swatted her house.
As a character designer this makes me so mad. Like sure I'm not all that great at drawing, and typically do my designs in 3D (although I've made smaller logo designs in 2D) but just imagining that I'd commission an artist to do my design in 2D, only for them to claim it as theirs... just no. No-one should have to patent every single fkn design they make just to stop petty vindictive people like this from possibly ruin their collabs or in worst case careers.
I hope people think twice before working with this artist again, or at the very least have a lawyer look over a contract that both parties sign before they do.
As for AI designs, I don't think you should sell AI art, nor claim that you drew it. But from a design perspective you did technically create the design. It'd be the same as if you'd made it in a character creator or dress up game. The design idea is still yours. Although it does depend a bit on how many prompts you put in. Simply saying "cat girl blue hair" isn't really an original design. But if you have enough descriptors for how you want it to look, that's it's own design and character.
Of course DID drama has to be involved in some way here too... What's the deal with everyone and their cat wanting or having DID or other severe trauma based issues all of a sudden? Not saying either of these people are faking it. Just seen way too much about it since mental illness seems to be trending amongst some communities and platforms for some time now. (Not that any of that is any of the people involved's fault, just getting tired of it being a thing). Also, like Kat said, show receipts if you want to publicly accuse someone of something.
I'm not really invented in the art bubble and vtubers but I love your art drama videos
They're not good, they're a twisted version of events which lacks proper research.
@@CursedJames64 wdym? Any proof?
so when are you gonna respond to all your backlash
Why give PDF files attention?
@@wajmgirl ???
When people stop ignoring that these grown women literally s/xual/sed characters that they referred to as children and made comments about inc/st and quit excusing it with "its the culture!" Did seriously nobody else read the google drive where one straight up made inc/st "memes" about a character she also called a 6 year old herself?
Edit to add: The culture excuse is dumb anyway cus these women aren't Japanese as far as I'm aware.
@@hibiscuspeachytea idc about any of that it just seems like shes dodging confrontation and she lied about going on a trip just to ignore it
@@amburg6955pedo “files” my god y’all are dense.
This girl doesn’t do her research don’t trust this content creator.
buddy what research
Let me guess u came from rev video and try to bring hate to Kat. Well sorry to tell u. That both parties already said there piece on the matter and moved on. At this point y’all are just harassing Kat. Like move on. Or block her at this point. man rev made things much worse and blown stuff out of proportion ugh.
Gotta love how yall try backing up the group because they were harassed first, yet yall go out harassing kat sounds hypocritical.🥱
@@IceyWolftb how old are you because I want to know why are you giving into misinformation
Do you do research?
Why the hostility against H&M ?
When are you going to talk about the follow up loli-puff drama since the loli-puff group released a statement?
@@j.b.l.0-f3zthe statement is probably a bunch of excuses anyways so I’m personally not interested in what they gotta say
Was tht statement something along the lines of "Yeah, we fucked up"?
She said she was going to make a follow up on stream. Also she should have her coverage be fair and balanced letting people know both sides and then Kat's opinion. She does state every story has 2 sides and the truth.
@@observerandrea can’t wait to see how y’all try to spin toddler avatars sucking wang as a positive. I’m sure it won’t ALSO be disgusting.
yesss new kat video to sketch to
Honestly she could have just changed the head and go sell it 😅 like that’s the part that the client influenced, still that leaves a bad rep on the artist
fix title pls , i had an aneurysm reading that. TY
copyright law makes me sad because i love buying from fanartists n stuff
Insane entitlement that some people can maintain. Do you not reread what u say and stop to think? Facepalm truly.
Ik I’m not on point but i FINALLY GOT UNDER A HOURRR (don’t have to like)
This one was definitely off I avoid her