Violation of possible copyright infringement

(I’m Nat and just a Number.) #1

Helping a friend @NewbGawd

He had all of his NewbGawd logo designs (logo inspired by the Borderlands text) deleted from the merchandise store (Design by Humans) he uses because they said they were in violation of possible copyright infringement.

He tagged Patrick Fenn, Cullen Sweet, Pitchford and Gearbox Official on a tweet asking them if my designs are OK but none of them have replied.

Can anyone assist please. he was wondering if you know anyone there he can contact directly to make sure his designs are OK.

They flag these logos
51600678_361289011127782_2160472462326759424_n 56248087_335073393807701_5243274574350516224_n 56293839_316215432429180_5691363135043141632_n 56598202_2208932222507612_7215313442578628608_n

But allowed these 2
56177065_1083644678496848_5253758310347177984_n 56242624_582449178898652_4069015732346683392_n

Here is the email that was sent

Appreciate the help.

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(NewbGawd) #2

@nat_zero_six thank you so very much for your help brother.

(Ziddersroofurry) #3

The typeface is named Compacta Bold. It was designed by Fred Lambert in 1963. The copyright belongs to ITC/Fontek and the publishers responsible for licensing it are Monotype Imaging and ITC. If you wish to license it for your own use you can go here https://www.fonts.com/font/itc/compacta/bold?SiteId=15 or https://www.fontshop.com/families/compacta?SiteId=1070 as well as https://www.linotype.com/140193/compacta-bold-product.html?SiteId=574 and https://www.myfonts.com/fonts/mti/compacta/?refby=identifont

The info in this post was gathered via http://www.identifont.com/index.html
Gearbox likely pays a licensing fee and possibly royalties in exchange for their use of that particular typeface. I suggest if you’re interested in licensing typefaces for professional use you check out this article https://www.crowdspring.com/blog/font-law-licensing/

Good luck!

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(I’m Nat and just a Number.) #4

thanks for the feedback, will let my buddy know.

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(Ziddersroofurry) #5

No problem :smiley:

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(NewbGawd) #6

Now, after I questioned them and they respond a week later, they flat out say that it’s because my art it is a reference or parody of Borderlands. Anyone have any ideas on how I would proceed at this point?

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(NewbGawd) #7

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(I’m Nat and just a Number.) #8

Feels bad man.

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(thewigglesworth@gmail.com) #9

Not sure how to proceed, however, reading that article posted above raised more questions for me than it answered:

The U.S. Copyright Office has unequivocally determined that fonts are not subject to protection as artistic works under the 1976 Copyright Act.

EDIT: Try adjusting the image to at variation of at least 30% from the “Borderlands Style” and you might be able to push that through. As long as you can argue “parody” it’s your own original work. I know because that’s how we got away with adapting movies to live theater with very few issues relating to copyright.

2 Likes
(Ziddersroofurry) #10

As far as them restricting Gearbox stuff the odds are good they just don’t want to risk having to spend money defending people’s work. That or they’ve had issues with people creating Borderlands parody art and don’t want to risk dealing with it again.

"There is a distinction between a font and a typeface. The machine code used to display a stylized typeface (called a font) is protectable as copyright. In 1992, the US Copyright Office determined that digital outline fonts had elements that could be protected as software. "

Fan arts legal status is a very grey area. You pretty much take your chances whenever you go using other people’s IP. That’s why when you’re doing parody you intend on profiting from it’s helpful to talk to a lawyer who knows their way around this stuff.

1 Like