Intellectual property theft is serious business. If you’ve been following the debate between the usage of AI art and the artists’ protests against it, you’ll know that they treat art theft seriously. You can expect that they will be rallying against any perceived action of stealing. Though you might think your ESO gold farming and other activities won’t be affected, you’re not as safe as you thought.
What Constitutes Art Theft
Although the methods and interpretations can differ, it all boils down to one thing: using another person’s art without crediting or mentioning the original creator. However, more private artists would refuse to allow others to repost their art even with the proper credit.
You can imagine the ruckus AI art generated when it became widespread. Many artists’ works were included in the program’s ‘study materials’ and are subsequently used in their output. Since the AI developers didn’t ask permission from the artist to use their creations, the latter argues that the program is stealing their art.
Another frequent method of art theft is reposting. A social media user downloads the work and then posts it under their name as if they were the ones who created it. Many people do it for attention, but it severely hurts the original creator.
When content creators live by their posts’ engagement (likes, shares, etc.), having another person steal those interactions limits their statistics. What should be their numbers are being funneled into an unrelated account.
You can see how this frustrates artists and how they want reposters to stop stealing their art. It’s the main reason why artists have their ways of leaving their signatures on their works. Often, they use watermarks, something that’s hard to edit out using photo editors. Other artists cleverly hide their names in the background.
These marks help prevent reposts, but some clever (or hardworking ones) get away by removing even those. In retaliation, artists have taken to recording parts of the creative process to prove that they were the ones to draw it.
The ESO Controversy
On April 9, user Relan Daevath ranted on Twitter when they saw their art in ESO’s Crown Store as Mercymother’s Body Art. They posted their work on Tumblr in July 2020, depicting The Tribunal. The section in question involved Sotha Sil, erroneously attributed to Almalexia.
Parts of the tattoo seemed traced 1:1 (sometimes flipped) from his art. Worst of all, there was no mention of Relan Daevath’s efforts in creating the design.
Fortunately, the developers contacted them quickly. The details of the negotiations haven’t been shared, but they are working on a proper resolution to the situation. The ESO team says on their official Twitter that they never intended to include community fanart without credit.
Though it’s only speculation, perhaps someone on the team came across a reposter with no proper credit. However, it was offensive that the product was released without the due diligence of searching for and contacting the creator.
Final Thoughts
Things would be different if they found Relan Daevath to ask for permission to use his art for a product in the Crown Store first. There wouldn’t be an accusation about stealing art, and ESO would have a pretty skin acquired.
Sure, the artist can still refuse the honor of having their creations in the game. It could be for various reasons, but the fact remains that it’s their choice. At that point, the game devs would have no choice but to pick another design for inspiration or to use.
That’s still a better situation than getting dragged through the mud for stealing art, no matter how unintentional. It’s a hit to their reputation and integrity as a company. Whoever was at fault affected the whole organization. Hopefully, whoever submitted the design without finding out who made it would be punished. That is, however, out of our hands as consumers and ESO account holders.
It’s a good thing that the developers were quick to reach out to Relan Daevath. If they’d delayed for longer, people would start thinking it was done on purpose. Delaying would look like they’re running away from the creator or trying to bury their actions.
While they were quick to rectify their mistake, game developers should take this as a warning to always check art sources. Each company might have its own stance concerning AI art. If it’s human-made, the artist will appreciate being contacted first.
Always appreciate artists and their incredible works by asking permission and crediting their art!
