Yesterday, word spread that Warner Bros. and 5th Cell were both being sued for using copyrighted characters in Scribblenauts Unlimited. The creators of the Nyan Cat and Keyboard Cat both found fault with the companies’ use of their intellectual property in these creation-based games.
Today, Christopher Orlando Torres, creator of Nyan Cat, issued a statement to Eurogamer defending his position in the suit. Here is a chunk of that statement. You can read the rest by actually visiting Eurogamer in the source link below.
We reached out to the companies in hopes of working out an amicable resolution of the issue, yet were disrespected and snubbed each time as nothing more than nuisances for asking for fair compensation for our intellectual property. That’s not right. I have no issues with Nyan Cat being enjoyed by millions of fans as a meme , and I have never tried to prevent people from making creative uses of it that contribute artistically and are not for profit. But this is a commercial use, and these companies themselves are protectors of their own intellectual property. Many other companies have licensed Nyan Cat properly to use commercially.
More than likely, the folks at Warner Bros. and 5th Cell see this suit as nothing more than a bothersome bit of litigation that’s bound to come from releasing a game in today’s media world. However, Torres absolutely has a point. Nyan Cat is his intellectual property. Using it for commercial gain without his permission is, as he puts it, “not right.”
Where do you stand on this whole thing? Are Warner Bros. and 5th Cell fine for not contacting these meme owners before using the memes themselves? Or, do you think the suit has actual merit?