As the gaming industry continues to grow, so does the techniques needed to help conceptualise, build and define games. Concept art is one prime example of this, as artists use software such as 3ds max or Modo to help aid the skills they have, and speed up their processes. Using Modo could help an artist build a complex scene quickly, by using pre-built assets by other artists which can populate the space. From here, an artist can then get the composition, render it and then move it into Photoshop to create and photobash the concept art. Since the scene was created in 3d software, you can then go back and change aspects that did not look quite right, such as the field of view or the lighting settings at a moment’s notice. Allowing for the artist to gain a more efficient and realistic start.
Shaddy Saffadi talks in depth about concept art techniques in the video – Concept art is dead, and mentions about some of the examples I brought up. He talks about how himself and his team uses these techniques and kit bash assets to build models quickly, which can then be used for the photo bashing stage. When in Photoshop they can then paint, edit and use kitbashed models to blend in with the overall piece. Or use the model as the main piece and texture it, by blending in details and changing some of the looks of the model such as adding panels, colour, text etc. The same process applies to photos to. This all may be somewhat of a grey area however, as some of the work used may not be referenced and credited. Furthermore, permission is sometimes not asked for the work to be used.
According to DACS, your artistic work is copyrighted from when it was created and last a lifetime plus 70 years. This does vary depending on who it was made for, for example your employer. This means then that your employer depending on the contract could have first copyright ownership. Exceptions are also made for your work to be used by others under specific circumstances, some of these include parodies, research, archival preservation and educational uses. This can muddle the water a little more with photo bashing since it doesn’t fit under any exceptions. It also gets more complicated with different copyright laws for other countries, meaning that the exceptions I said above could be very different somewhere else. As for this an artist should at least be generally aware of the copyright in their own country. If you bought or use a royalty free license of an image or 3d object, then this should be okay to use and edit. Kitbashing kits for example, can be bought from TurboSquid and comes under a royalty free license. This means that you can then use the copyrighted material without having to pay extra royalties every time you use it. This can then allow the artist to use the artwork for concepts which could then be commercialised.
An article by Creative Bloq delves into this topic a little more. They have a quote from Craig Mullins about one of his photo bashed pieces, as it received criticism when people discovered similarities between the waves in his piece, and the one in Southwesterly Gale
By Frederick Judd Waugh. He says he uses whatever techniques he needs to complete the process, which means using images and 3d models which are sometimes not his own. What is the important defining line it seems for Craig is being transparent, as he says “I would say every technique is totally okay – as long as what was done is clear. Roy Lichtenstein was pretty clear about his process. This was not the case here.” Going by this, you can use images to help aid your concepts, just make sure that the process is clear and transparent, as it is the moral and right thing to do. As you are making clear that you are not taking a 100% ownership over the work. The question is then, at one point does it become your work if it can at all? And then what’s the tipping point between your work and the other artists? An art director at Ubisoft says that if the other artists work is up to 50% or over, then it needs referencing. He makes it clear that if it is not referenced, then it is stealing. The issue however, is that it all is a little bit subjective, since there is no clear defined line in the matter. One might say one has done more than 50% whilst another person may disagree. What is comes down to is the artist being respectful to other artists, understanding that the effort and hardships that go into their own work, apply to other artists work they are using.
Ultimately, a consensus of artist in the industry agree that it’s okay to use others work for inspiration and concepts, so long as you be respectful about it and make sure you contribute back to the community. Whether this be through kitbash models you have made, or concepts that others can use and be inspired by. Furthermore, self-regulation plays an important role in the industry, making sure that the process of using others work remains fair and moral, within studios and the overall community.
Reference –
https://www.dacs.org.uk/knowledge-base/frequently-asked-questions#FAQ145
https://www.creativebloq.com/digital-art/when-copying-another-artist-legitimate-31514372
https://blog.turbosquid.com/royalty-free-license/
Sam Akester 