@Emily Get them!
Yeah. That is a little iffy. I also play The Sims…it does give me some ideas though for The Sims 4.
I mean, I would like some Emily themed stuff like that- but I want legit items endorsed by HG.
It’ll come under the same protections as other fan-art
This is likely the person who created the store for Sim-ily products:
Although she does not right away stand out as a fan of No Man’s Sky, certainly appears to be, once you check her other internet presence. Some nice artworks for example … Certainly a follower of the ARG too.
Either way, when it comes to ‘rights’, I have no clue if this could be an issue, nor do I really care. I personally don’t see a reason to make it a topic of discussion either. It is their own artwork, and not using any ‘branded’ names, nor copied imagery. In the end it is up to you to buy these products, I personally like the art, and comes with a smart fitting name
Hello Games could probably sue for them for using the Atlas symbol on a product they are selling, but I bet HG would just chalk it up to free advertising for them.
Emily is a A&S character but Nada is really a NMS creation. But maybe they know SM. andf made something for HG.
The trademark for WT-characters would most likely lie with A&S, not HG. If they register trademarks for their characters, which is by no means a given.
If its transformative enough it’ll fall under fair use, making a profit or not doesnt really make a difference with fair use, its a common myth that soon as Yr making a profit its copyright infringement, but you do need to have a strong case.
Do we know for sure though that the artist that created sim-ily is involved with this merch company?
A lot of the time people take deviant art pictures etc and just slap them on a product and don’t even notify or ask the artists if it’s okay.
My comment was more fear of purchasing unlicensed products, thus depriving whoever of their cut of the action. If this is fine by law, I’ll be buying some stuff!
Here’s two videos on fair use I tend to find the most explanatory.
The first is from the creators of Nirvanna The Band The Show
While that video deals mostly with copyrighted material appearing on film, the second goes into more detail across several mediums and is from a YouTuber called Yms (yourmoviesucks) and its more a response video to someone who was claiming their reviews of his movies were not fair use and he owed them money
I would argue Sim-ILY falls under fair use and having researched the image and the company I can say for sure its their own original art work… I think I could do with a new coffee cup