An artist who goes by @tofu_rabbit on X says that the look of Nerf’s Ace of Spades handgun from Bungie’s Destiny games came from a commissioned artwork they drew almost a decade ago.
Nerf and Bungie unveiled its newest foam dart gun collaboration on Tuesday featuring a limited edition version of Cayde-6’s iconic “Ace of Spades” blaster from Destiny 2 that is available for purchase on Bungie’s online store. The following morning, @tofu_rabbit posted images comparing Nerf’s newest foam dart launcher to a piece of art they made in 2015 and posted on their DeviantArt page based on the same gun from the game.
Addition: Artists image (from link in article):
How can they claim the design is theirs when they based the drawing on design by Bungie?
It sounds like both parties made derivative works.
The initial design was from Bungie, then someone else made a derivative work from it. Bungie didn’t go after them for it.
Then some artist at Bungie made a derivative work from that work, and the fan artist complained.
Technically, neither party can legally go out and make and distribute derivative works. Probably both were in the wrong there.
The fact that Bungie left the fan art alone, didn’t send lawyers after them initially, doesn’t mean that Bungie has rights to go make and distribute a work based on the fan art.
So, from a purely-legal standpoint, they’ve probably both got grounds for a copyright complaint against the other; Bungie could theoretically have the fan art distribution blocked and the fan artist could block distribution of Bungie’s derived pistol (though not the original, pure-Bungie pistol).
Maybe I just don’t remember how exactly Ace looks in game anymore and the fanart has tome unique take the Nerf company took? I just see Ace of Spades more or less how I remember so that might be why I’m confused
I’m curious how this is playing out. A fair number of details are present on the game’s item already. The barrel stripe, the upside-down spade with a circular element, and the barrel spade.
https://destiny.fandom.com/wiki/Ace_of_Spades_(Destiny_2)
That’s not to deny the direct copy of this specific design, but rather ask how much can an independent artist claim on what appears to already largely part of what already exists within the game’s IP.
That being said, the reddit thread where the artist posted this originally has an edit stating Bungie reached out, handled it well, and will be sharing details later.
Just curious: This is a toy?
I mean… if a kid holds up this toy to a cop, what would be the most positive outcome?
Edit: I know, karma isn’t a thing here. But could anyone just explain, why I’m getting downvoted for?
It depends. How dark is the kid’s skin? Are they in a poor neighborhood?
a nerf gun that fires foam darts. the price is prohibitive enough that no kid is going to feasibly be carting this around under normal circumstances.
It has an orange end and triggers on it which marks it as a toy gun. So they’d be fine most likely. But it’s still a stupid move.
It fires and the cop dies.
Most positive.
