Fractalsponge's 3dmeshes used in Family Guy : Credit Not Given - Awaiting RotJ

-> Story thus far.  Individual (Fractalsponge) makes 3D models, puts them on the internet for everyone to use, with the stipulation that if they are used, credit is given. 

Family Guy uses one of the models in the ESB spoof and no credit is acknowledged.  Fractalsponge's 3d model also ended up in 'The Force Unleashed', also uncredited.  So at this point it's kinda safe to assume that LFL believes that this model is part of their library.

Currently awaiting the RotJ spoof to see if the same mistake is made.  There's a chance now to see the broadcast version have a credit.

Fractalsponge Quote: " I care more about lack of credit than I do about any potential monetary gain; after all, I freely released the mesh. It's just I didn't expect anyone to pass it off as paid work. This is twice this has happened; The Force Unleashed trailer and my star destroyer being the other."

via: http://boards.theforce.net/fan_films_fan_audio_scifi_3d/b10015/30604084/p1/?12

It was interesting to read that his Star Destroyer mesh ended up being used in the Force Unleashed trailer too.

Imagine the ta'do if Lucasfilm pressed a fan edit like JasonN's or Ady's without giving them credit or pay.

You'd think the first thing they'd do would be to do a bit of investigation and then negotiate a credit and a bit of cash, having something like this on a CV could make the difference between a hobby and a professional career.

Imagine the ta'do if Lucasfilm pressed a fan edit like JasonN's or Ady's without giving them credit or pay.

Well pressing that's never going to happen, but a more realistic scenerio is a what if Lucasfilm continues their avenue of allowing people to edit the movies on starwars.com (that mashup thing) which eventually turns into the inevitable, make your own fan edit and share via starwars.com, and they use JasonN's or Ady's as the example feature.

For a corporation it makes sense to set up shop in other countries to get away from issues like this. (it's cheaper not just because of labor) Digital eMation Inc. (http://www.emation.co.kr/) can be more lax in their lawyerly clearance issues, because overseas means less sees. Someone wrote that the 3dmesh in question is on screen for 20 seconds over three shots. Besides the fans, there's no one to support this online creator. As Fractalsponge has said, he's less concerned with the reuse, he's flattered in a way, but when he created that 3dmesh he had one issue when making it freely available to the public. Just give credit. Family Guy did not do this, it's shitty, but there's no where to go for compliance to the creators wishes except the court of public appeals and it's hard to get an issue like this out there. sucks big time, and adding insult to injury it's has been done twice to Fractalsponge by the main corporate sponsored creator.

Then to rub it in our faces some more, the official SW blog blogs about the after party for this Family Guy episode: http://starwarsblog.starwars.com/index.php/2009/12/14/macfarlanes-family-guy-star-wars-party/

and when you attempt to post a blog comment about this Fractalsponge issue, they don't approve the post.

Control it's fan-tas-tic.

On the flip side of this story :

http://news.bbc.co.uk/1/hi/entertainment/8418333.stm 

SilverWook said:

Bingowings said:

On the flip side of this story :

http://news.bbc.co.uk/1/hi/entertainment/8418333.stm 

404 - Page not found.

 The link works for me.

"Director George Lucas's production company has lost the latest round in a legal battle against a prop designer who sells replica Star Wars costumes.

The Court of Appeal rejected claims by Lucasfilm that Andrew Ainsworth, who created the original Stormtrooper suits and helmets, was breaching copyright.

It ruled that the helmets were not works of art and were therefore not covered by copyright law in the UK.

The decision allows Mr Ainsworth to continue producing the uniforms.

The court was upholding a ruling made last year by the High Court in the multimillion pound battle over the replica uniforms, which Mr Ainsworth sells online.

The judges also refused to enforce a $20 million (£12.4m) damages award Lucasfilm won against Mr Ainsworth in a US court in 2006, saying the prop designer's US sales were not significant enough to make him susceptible to US jurisdiction.

However they agreed that Mr Ainsworth was in breach of Mr Lucas's US copyright and warned him against seeking "any further selling into the US".

According to the Daily Telegraph, Mr Lucas intends to appeal the decision.
'Entitled to protection'

A spokesman for Lucasfilm told the newspaper: "This ruling deals a significant blow to the copyright protection afforded not only to Star Wars but to every other great success of the cinematic arts, from Harry Potter to Dr Who and beyond."
Mark Owen, from law firm Harbottle and Lewis, which acted for Lucasfilm said: "To say that you cannot retain copyright unless the object in question is by a renowned artist just seems wrong. Why should people be able to copy something?

The ruling is the latest twist in the legal battle which has been running since 2004 when Lucasfilm - which owns the Star Wars brand - first discovered Mr Ainsworth was selling the replica outfits.

The designer, from Twickenham, south-west London, was paid £35 each for making the 50 Stormtrooper helmets for Star Wars in 1976.

Nearly 30 years later he found one of the original helmets in a cupboard at his home and sold it to a collector.

He then began using the original moulds to produce more, along with full suits, to sell through his company, Shepperton Design Studios, for up to £1,800 each."

Agreed. Fractalsponge's 3dmeshes really stood out when i viewed it.

There again, if Seth MacFarlane credited every source he steals his ideas from, then the end credits would turn into a 3 hour specticle.

Since the RotJ episode will probably make the same mistake, bumping the thread to see if someone can help this guy out.

Seems as though LFL believes this model is part of their in-house library.  (which it can be, see first post for issue)  Although the visual proof is there, how do you get traction so that this guy gets credit?

I'm not convinced it is proof that would stand up in a court of law (note: IANAL)

What was the source of Fractalsponge's mesh?

It is always a bummer if someone sweats the details then is not given attribution - but ultimately I'm pretty sure that the Imperial Star Destroyers and their likenesses could be argued to be the intellectual property of LFL. However that is a separate issue from being credited for the work, no matter who ends up owning the IP. I dunno.

Let go of the hate. Consume you it will. 

This right now is a court of public opinion case.  From what I understand of Fractalsponge's work, is he makes the models.  Source material is probably used to layout the overall volumes and certain details which have been defined, but as is the case with these 'placed bumps' that's the work of the model maker.  When downloading the model, the downloader agrees to give credit when the model is used (financial or not), that's the terms of use. 

Download and read through their terms of use:

http://scifi3d.com/details.asp?intGenreID=10&intCatID=8&key=517

You can set whatever terms you want when releasing something into the wild.  The Open Software movement, says you can use programs and modify them As long as you make the next results open source as well.

For a real court, they might have the files from each side compare dates and if there were iterations saved that would sway to one side or the other.  Using website stats they might be able to place when the file was DL'd from LFL.

What stinks is this is possibly the third time, for the same model.