# Copyrighting species?



## iciewolf (Jun 23, 2011)

I was just wondering if it is possible to copyright a whole species that someone has "created". Most of the time they look like generic hybrid of a crap load of animals and they call it a species. Im not trying to bash the idea but this question has been bouncing around in my head for a while. I've drawn a few weird things out being bored and then I find something that looks just like it on a couple of sites. Anybody that post things remotely like someones so called "species" they are instantly bashed and trolled even they know nothing of the art they are claiming they copied. 

So what's the rules around it? You can't possibly claim a species? If that's the case I copyright dogs with antlers.


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## Arshes Nei (Jun 23, 2011)

:facepalm:


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## Smelge (Jun 23, 2011)

I copyright Canines.

Give me my money, or I'll come around and break your kneecaps.


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## iciewolf (Jun 23, 2011)

Arshes Nei said:


> :facepalm:



In all seriousness. It was a serious question.



Smelge said:


> I copyright Canines.
> 
> Give me my money, or I'll come around and break your kneecaps.



XD


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## Smelge (Jun 23, 2011)

iciewolf said:


> XD


 
You think I'm joking?







Money. Now.


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## Arshes Nei (Jun 23, 2011)

iciewolf said:


> In all seriousness. It was a serious question.


 
I'm being serious too.

http://www.copyright.gov/help/faq/


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## Deo (Jun 23, 2011)

Fuck I voted no, but in this instance it should be yes.
Ok example time children, gather round. As some of you know Lincard1000 created an species called the Vangaurd.  He spent months of time invested into creating  intricate stories,  pasts, cultures, and anatomies about them. Now if someone used the  vangaurd without Lincard's approval he has every right to be mad. Hell I'd be mad and I don't even own them, but artists look out for the ownership rights of other artists. If we don't protect each other who will? In this case you'd honestly have no business using a species that someone else  creates.

HOWEVER this does not apply to the "it is a wolf, but blue/strange  colors", or "it is a tiger but has wings or horns". An example of such  is the Zeolf, of whom Anailaigh has tried to copyright and bitched over  for years now. The zeolf is a wondrous wolf/zebra hybrid that looks like  a zebra but with fangs and rainbows. And to a huge extent she's been  laughed at by the whole fur community for it see Zeolfs (Analaigh's "original the character"), Zimberwolves, Zeoxen, Zebshund,  and so forth. So the level of uniqueness and originiality and effort  put into the creation of a species matters. If it's any existing species  (like a wolf, a bear, a fish) it can't be copyrighted or trademarked.  And if it looks just like a normal species but with some sparklefag bit  added on (colors, fangs, wings, extra tail, spots, stripes, etc) then no  it's sort of fair game. Like coyote-dogs, or ligers. 

But if the species is more of an original creation (like the vangaurd, or this ) than it is stealing an original and personal idea. Intellectual and artistic property theft.
Now if you copy a blue wolf since you know someone else has a blue wolf,  and you do it on purpose, well that's just sort of rude.


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## iciewolf (Jun 23, 2011)

Smelge said:


> You think I'm joking?
> 
> 
> 
> ...



*checks pockets* Sorry 



Arshes Nei said:


> I'm being serious too.
> 
> http://www.copyright.gov/help/faq/


Thankies.  This was what I was looking for:*How do I protect my idea?*
 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. 

Which is short means no.


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## Deo (Jun 23, 2011)

iciewolf said:


> If that's the case I copyright dogs with antlers.


 Not enough original content to warrant it being a species. It's just a dog with antlers.
http://www.onefurall.com/gallery/thumbnails.php?album=103
http://www.furaffinity.net/view/4614229/
http://www.furaffinity.net/view/2728572/
http://www.furaffinity.net/view/4372548/
http://www.furaffinity.net/view/2329362/
and soooo many more


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## iciewolf (Jun 23, 2011)

Deo said:


> Fuck I voted no, but in this instance it should be yes.
> Ok example time children, gather round. As some of you know Lincard1000 created an species called the Vangaurd.  He spent months of time invested into creating  intricate stories,  pasts, cultures, and anatomies about them. Now if someone used the  vangaurd without Lincard's approval he has every right to be mad. Hell I'd be mad and I don't even own them, but artists look out for the ownership rights of other artists. If we don't protect each other who will? In this case you'd honestly have no business using a species that someone else  creates.
> 
> HOWEVER this does not apply to the "it is a wolf, but blue/strange  colors", or "it is a tiger but has wings or horns". An example of such  is the Zeolf, of whom Anailaigh has tried to copyright and bitched over  for years now. The zeolf is a wondrous wolf/zebra hybrid that looks like  a zebra but with fangs and rainbows. And to a huge extent she's been  laughed at by the whole fur community for it see Zeolfs (Analaigh's "original the character"), Zimberwolves, Zeoxen, Zebshund,  and so forth. So the level of uniqueness and originiality and effort  put into the creation of a species matters. If it's any existing species  (like a wolf, a bear, a fish) it can't be copyrighted or trademarked.  And if it looks just like a normal species but with some sparklefag bit  added on (colors, fangs, wings, extra tail, spots, stripes, etc) then no  it's sort of fair game. Like coyote-dogs, or ligers.
> ...



Ah that's understandable. From what I was reading artistic works are not able to be copyrighted unless registered (in cases of a lawsuit). Anything else would just be considered  art theft in the artists community since its impossible to copyright an idea that is not physically invented or discovered. Im hoping I am getting this right. I do sometimes do poorly with reading comprehension :/


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## iciewolf (Jun 23, 2011)

Deo said:


> Not enough original content to warrant it being a species. It's just a dog with antlers.
> http://www.onefurall.com/gallery/thumbnails.php?album=103
> http://www.furaffinity.net/view/4614229/
> http://www.furaffinity.net/view/2728572/
> ...



Oh lol I was just joking with that part XD


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## Cyanide_tiger (Jun 23, 2011)

This could have been thought out pretty easily with logic. 

For the sake of simplicity, let's go with a couple of well-known examples:

Bioware, the creators of the video game Mass Effect, created new alient races to put in their games - Asari, Turians, Salarians, Elcor, Volus, and a few others.

What would happen if, for the sake of example, a Star Trek episode featured a member of the Asari race from the game? I'm do not mean fan outrage here, I'm talking about legal consequences. The makers of Star Trek would have their asses sued off for featuring content that was produced and licensed by another company.

This is no different in that if you were to create a species, it is intellectual property and legal action can be brought to protect it.

TL;DR: See Deo's post.


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## Iudicium_86 (Jun 23, 2011)

Well, do you think I could make a marketed low budget film with Xenomorphs or Hunters (Predators) and NOT be sued??


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## Thaily (Jun 23, 2011)

Deo said:


> And if it looks just like a normal species but with some sparklefag bit  added on (colors, fangs, wings, extra tail, spots, stripes, etc) then no



To be fair, most sparklefags look gimpy enough that they don't resemble _any_ existing animal. ;P


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## Aden (Jun 23, 2011)

Cyanide_tiger said:


> What would happen if, for the sake of example, a Star Trek episode featured a member of the Asari race from the game? I'm do not mean fan outrage here, I'm talking about legal consequences. The makers of Star Trek would have their asses sued off for featuring content that was produced and licensed by another company.


 
No, I want to say that they'd be in the clear as long as they made their own CG models or costumes. It's kinda blurring the line of where intellectual property stops; anyone know an IP lawyer?


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## Cyanide_tiger (Jun 23, 2011)

Aden said:


> No, I want to say that they'd be in the clear as long as they made their own CG models or costumes. It's kinda blurring the line of where intellectual property stops; anyone know an IP lawyer?



If that's the case, then why aren't there more cross-overs between games, movies, books, and TV series? I doubt it is because of a shortage of fan interest.


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## Arshes Nei (Jun 23, 2011)

That's due to using a combination of trademarks and copyrights. That and mass heavily producing it where it becomes recognizable. Essentially it becomes a *brand*

Just get a powerpoint viewer (you can get one for free)

http://www.conceptart.org/copyright/

Oh yeah, you want to know more confusing things about this.

Like for example, due to trademark and copyright problems, DC characters can't always appear in movies or even their own animated shows. For example, Flash had to sit out of Justice League Unlimited for a while. Wonder Girl wasn't able to show up in the new Young Justice cartoon.


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## iciewolf (Jun 23, 2011)

OK. I'm starting to get confused. Now I am refering to people who just make something up like a horse with a skull head and calling it a species. The reading that I did from the link provided states ideas can't necessarily be copyrighted since it can be altered slightly and be named something different. Im not talking about large scale movie type copyrights because  all of those things are licensed, mass produced and consider a trademark. I just mean in our small art community does it count? Most of these things are usually only drawn once and then they tell people that they have to have "their (the artist)" permission to draw whaat is pretty much crap thrown together to me. Its not really original for the most part and that was really my only reason for asking.

Meh, I hope I'm not annoying anyone with my lack of understaning.


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## Deo (Jun 23, 2011)

iciewolf said:


> I just mean in our small art community does it count?


 Let me tell you a lesson I learned from an old artist. He was wrinkled, and wise.

"The artist community is a _small _pool of people. Do not shit in the pool."

Meaning that the word gets out fast, connections mean a lot, don't burn bridges, and artists are quick to blacklist. So don't shit in the pool.


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## Arshes Nei (Jun 23, 2011)

Deo is correct about just the ethics.

But as far as copyright goes, no. There isn't "Community copyrights vs government ones" there may be creative commons, but that still goes in hand and doesn't supersede government copyright.

There are people however, I feel go overboard about their "creative species" and honestly similarities happen from time to time. It just depends on a case by case basis and nothing to do with the artist's popularity or how they're perceived favorably in the fandom.


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## iciewolf (Jun 23, 2011)

Thanks everybody. Oh and I read the powerpoint Arshes it was very helpful...confusing a bit...but helpful XD. I have a better understanding of it all


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## Nylak (Jun 23, 2011)

It's sad when "Pizza" is perhaps the most accurate option on a poll like this.  XD  I love legalities regarding creative commons and copyrights, and the splattermarks my brain makes on the wall when it explodes from trying to comprehend them.


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## Arshes Nei (Jun 23, 2011)

Oh I've gone back and forth on the copyright issue for years so yeah XD It can get confusing but I hope the information I posted was helpful.


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## iciewolf (Jun 28, 2011)

Arshes Nei said:


> Oh I've gone back and forth on the copyright issue for years so yeah XD It can get confusing but I hope the information I posted was helpful.


Most definitely


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