This is a response to this post, which was brought to my attention via Deviantart. Â
Normally, I donât Tumblr, but since Iâm trying to make something of illustrating and design (and I spend a lot of time with DAâs community), I feel this requires a comment.
While technically using a silhouette created from a Googled image isnât legally art theft maybe, itâs still super-shady.  Especially when there are other, much more credible, ways to go about achieving the same thing.  OTOH, using Andy Warholâs amazing art style as a support for this kind of thing isâŚinaccurate.  He was commissioned by famous people such as John Lennon to paint various and sundry celebrity portraits!  Did you know that?  I didnât know that.  Not until five seconds ago.  The Internet is full of wonderful, informative sources. Â
First off, for game design especially, art isnât created by just one person usually. Â It can take resources outside of that, unless one has all of the time and dedication for it. Â For those who *do* completely create their own games, like Super Meatboy or Dust: An Elysian Tale, all of the graphics - all of them - are completely original to their creators. Â It IS possible! Â Rare, but very possible, and they usually end up being some of the best games. Â So, first question in the first point: Â Why not create what you need by your own hand? Â One can use other images as a semi-reference, but one will get a lot more out of creating the content needed by their own hand rather than trying to pass off other peopleâs junk as oneâs own. Â
Second (and this is one of the first things we learned in graphic design class), unless the owner of the image expressly gives you permission to use their works, youâre setting yourself up for a possibly messy, expensive, and time-consuming lawsuit. Â In this sense, itâs not even a matter of reputation (which is a big deal as well) but of pure money and time-consumption. Â Why take the risk when there are thousands and thousands of alternative, un-shady, fully legal ways to obtain what one needs? Â So, second question: Â Why not buy the content needed? Â Either by getting an artist you know to help you out, or by outright buying stock imagery (even anime/manga imagery), one will save oneself a LOT of stress and, probably, time and money. Â (And if you think that no one will come after you for something thatâs âtotally legal man, because Andy Warhol did it!â, think again! Â It happens ALL THE TIME. Â Unless youâre in China. Â Because China gets a pass. Â lol)
Third, if you know your reputation with your buyer base will be questioned by doing this, why risk it?  Reputation leads to sales.  Thatâs a statement, I knowâŚbut itâs true.  Especially in the gamer and artist industries, people WILL find out about shady practices, and if they feel it isnât on the up and up - even if itâs âlegalâ - they wonât want to buy your game.  If you want to sell any product, youâre putting yourself - and your reputation as an artist - on the line.  And in full public view.  That means that yes, youâll get critics.  Youâll also get fans.  But more than anything else, youâll get people who donât know you from Adam/Eve.  All they will see is the game, and what reviewers think of you and your game.  Even big game development companies come under heavy scrutiny all the time, so why wouldnât indie game developers? Â
Anyways, thatâs my diatribe. Â I donât have a dog in this fight, and was completely unaware of this game developer and his or her controversy until about a quarter of an hour ago, but just from what Iâve read here, I can see why artists and other game developers would be majorly miffed about this practice.
One more thing: Â If there is a âgroup of people constantly looking to take you downâ - and they are succeeding - it might be time to take a step back, look at oneâs self with brutal honesty, and start working from a place of humility. Â Perhaps even go back to the drawing board a bit. Â
Bit developers have to do it when theyâre called on this kind of thing. Â Why shouldnât indie developers?