- Aug 21, 2016
- 62
- 82
AstRider was completely transparent on their Discord through the entire process, Patreon received a legitimate copyright complaint about Fairy Trainer; shutting down a project that already brought them a lot of grief when encountering even more trouble is understandable.
For the people talking about copyright:
"Why can't this game be okay when [other game] has existed for [length of time]?"
It's up to the copyright holder of the relevant IP whether or not to take action. Some projects fly under the radar, and some are decided to be too small to worry about. There are various factors which might make a copyright owner more likely to take action, and Fairy Trainer definitely had some of those at play here.
"Parody is protected, so this is copyright abuse!"
While parody can be a protected use, there are a few things that complicate this. First off, taking an existing IP and making it porn does not cross the threshold into legally protected parody (this is established case law). Secondarily, fair use is an argument you can make to a court, not some kind of shield that's automatically granted. Because Fairy Trainer used names, likenesses, and exact copies of copyrighted media, it's pretty safe to say the IP owner made a valid claim here.
For the people talking about copyright:
"Why can't this game be okay when [other game] has existed for [length of time]?"
It's up to the copyright holder of the relevant IP whether or not to take action. Some projects fly under the radar, and some are decided to be too small to worry about. There are various factors which might make a copyright owner more likely to take action, and Fairy Trainer definitely had some of those at play here.
"Parody is protected, so this is copyright abuse!"
While parody can be a protected use, there are a few things that complicate this. First off, taking an existing IP and making it porn does not cross the threshold into legally protected parody (this is established case law). Secondarily, fair use is an argument you can make to a court, not some kind of shield that's automatically granted. Because Fairy Trainer used names, likenesses, and exact copies of copyrighted media, it's pretty safe to say the IP owner made a valid claim here.