It did not sound like the OP wanted to actually press charges. The OP said they wer just giving Cryptic/PWE a friendly heads up and asking them not to do it further without asking permission.
As for Cryptic/PWE it is rather likely that they bought the art from someone else who probably altered it and claimed it as their own rather than just stealing it outright. If I were the Op I would be more interested in knowing who they acquired it from rather than warning them against posting my art but that is just me...
It is also my feelings on the matter that if indeed this is the artwork (even if altered) of this person then Cryptic/PWE should at least be kind enough to give the artist credit on what they have already posted but as the OP said that no further legal action was intended that this should perhaps be the end of it for the time being.
As several people pointed out though, this image would have had to have been heavily modified to fit in that picture. I find it hard to believe anyone would have bothered to do that just for a background shot in a concept art. I think it's an amazing coincidence that the image happens to be similar to the OP's. Even if it is the OP's, the concept artist probably found it on google and hence wouldn't even have known the provenance of the original image. There's no malicious intent here, cryptic isn't making any money off the image itself, it was just used in the backdrop of a mockup of the new character selector screen. and I doubt anybody but the OP would have even noticed it was anything more then a generic hubble pic.
Its pretty clearly derivative and Cryptic pulled their artwork based on it
Why they didn't use a Nasa backdrop is beyond me. There are tons of them and in the public domain
The concept artist probably found it on google and hence wouldn't even have known the provenance of the original image. There's no malicious intent here, cryptic isn't making any money off the image itself, it was just used in the backdrop of a mockup of the new character selector screen. and I doubt anybody but the OP would have even noticed it was anything more then a generic hubble pic.
Well, the honest thing would be to change the character select screen image now that Cryptic knows better.
That is not the point, the point is you cannot say something is derivative from your work when your work itself is derivative.
Unless you are Apple.
Derivative of what? It's not copied from a real nebula, or are you asserting that it is derivative because it depicts a nebula. In that sort of broad definition, every single piece of artwork ever created is derivative....
Cryptic is aware of the complaint, the alleged infringing artwork has been pulled, and the OP has gotten at least partial satisfaction -- and seems to be more satisfied with the outcome so far than the posters who didn't have a claim.
Infinitespaces, if that was indeed your artwork I hope you get an apology from Cryptic at the very least. Thank you very much for your very reasonable responses here. As an aside, your artwork is beautiful and I'm glad I got a chance to see it.
Further discussion and argument would seem to be unnecessary and counter-productive, so I am closing the thread. Infinitespaces, if you find there is more to be said please feel free to start a new thread on the subject.
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