• mnemonicmonkeys@sh.itjust.works
    link
    fedilink
    English
    arrow-up
    43
    arrow-down
    6
    ·
    2 days ago

    I tend to be in the “fuck corporations” camp, but this doesn’t really look like they’re stealing his work. It looks nothing like the original Charlie the Unicorn. The original Charlie was gray, while this creature is white and rainbow. This is just a reference.

    As an analogy, Borderlands 2 has a sniper rifle names The Storm, and it has the red flavor text “tut tut, looks like rain”, which is a quote from Winnie the Pooh. I personally wouldn’t call that exploitation. You could try to make an argument, but it’s so minor and indirect that any argument wouldn’t hold any water

    • Zagorath@aussie.zone
      link
      fedilink
      English
      arrow-up
      19
      ·
      1 day ago

      I think the combination of calling him Charlie, making him a unicorn-like creature, and going to a place called Candy (Kingdom instead of Mountain) makes it a little more than mere friendly homage for my liking. Probably not enough to give rise to a legal claim of copyright or trademark infringement, but enough to be ethically very shaky.

      It’s like if that Borderlands sniper was also an anthropomorphised polar bear from the 100 Acre Tundra.

    • stinky@redlemmy.com
      link
      fedilink
      English
      arrow-up
      5
      arrow-down
      2
      ·
      1 day ago

      They mention a character Charlie, unicorns, and a candy place. I don’t know why they are being so careful to avoid accusations of stealing the author’s work, because that’s exactly what they’re doing. People who are familiar with Charlie the unicorn are supposed to recognize it here, and spend their money on Warner Bros merchandise. How could you possibly not see this as theft?

        • Queen HawlSera@lemm.ee
          link
          fedilink
          English
          arrow-up
          2
          ·
          5 hours ago

          No they aren’t, but they directly used audio from it.

          There’s a difference between WoW having a character named Harrison Jones who’s largely a parody of Indiana Jones who’s quests are archaeology based and kinda silly. It’s another thing entirely if they used repurposed clips from Raiders of the Lost Ark for his voicelines.

        • Duamerthrax@lemmy.world
          link
          fedilink
          English
          arrow-up
          17
          ·
          1 day ago

          There’s more going on.

          I’ve seen a number of references to my work in big-company projects before. For example, there’s a dead unicorn with an enchanted kidney named Charlie in World of Warcraft. This is fine! It’s completely within fair-use laws. Using my audio directly is not fair use.

          Copyright law, at least in the United States, is heavily weighted towards protecting large corporations. Warner Bros is one of the largest media companies in the world, and it often uses IP law like a weapon against smaller artists. Notable examples include MeatCanyon, whose clear fair use parody video “Wabbit Season” was forcibly removed from YouTube, and Vera Drew, whose parody film “The People’s Joker” received a cease and desist letter from WB, initially derailing its film festival premiere schedule.

          So WB wasn’t just making a reference, but also lifting audio from Steele’s work while also shutting down other’s fair use parodies.

          • Zagorath@aussie.zone
            link
            fedilink
            English
            arrow-up
            2
            ·
            6 hours ago

            Actually, not necessarily. Plagiarism is not interchangeable with copyright infringement. Plagiarism is specifically academic misconduct.

            Those videos that upload an entire movie to YouTube and put “no copyright infringement intended” in the description are not committing plagiarism, because they are being honest about how the content they are using is not their own. But they are committing copyright infringement.

            Likewise, you can do plagiarism while not doing copyright infringement, if you take something that is public domain and use it in your research paper without explaining where you got it. It’s public domain, so there’s nothing legally wrong there. But it’s academically dishonest.

            • stinky@redlemmy.com
              link
              fedilink
              English
              arrow-up
              3
              arrow-down
              4
              ·
              13 hours ago

              They’re … selling his content without his permission

              Oh my god are you stupid? Can you read??? Someone help this poor fool! He’s engaging in debate and has no ability to keep up!

                • stinky@redlemmy.com
                  link
                  fedilink
                  English
                  arrow-up
                  2
                  arrow-down
                  2
                  ·
                  8 hours ago

                  Just because you don’t like it doesn’t mean it’s trolling. Trolling implies that I wanted your response. I don’t.