Oh, nohs- Brava Alfabusa, the If the Emperor had a Text to Speech Device creator has called off the series. Let’s check out why.
Brava Alfabusa is one of the Warhammer 40k community’s biggest entertainers, popularized by his TTS series. However, due to recent changes by Games Workshop in regards to their IP, he’s called off the series. Below is his video announcing the indefinite hiatus of TTS, why he came to his decision, and what lies ahead.
If The Emperor Had a Text-to-Speech Device Is No More
First and foremost, we wish Bruva and the team behind it the absolute best. They still make other content, but If the Emperor had a Text to Speech Device (or TTS) was definitely their most popular attraction. By far and large the biggest reason to stop the show was the risk of being struck down by GW.
While satire and parodies are both protected under fair use, there is a grey line that the team may have been concerned over. Essentially, parodies have a history of being a little more protected than satire.
This grey line may be one of the reasons why Bruva wishes to call it quits, as from his video he and his team simply cannot shoulder the financial risk of GW deciding to pursue them. Of course, this is all in light of the recent policy changes from GW that seem to target animaters specifically.
In any case, Bruva and his work are loved by the community and if TTS ever does return, it will be will love from fans. Hopefully, he continues to keep his passion about 40k alive in a way that he is comfortable with and no longer at any intolerable risk.
Where GW Fan Creativity Ends & IP Infringement Starts
Here’s where fan creativity ends and IP infringement actually starts for Games Workshop, Warhammer plus, and everything in between.
A lot of the information we talk about here was inspired by this amazing article from the Game Industry business site. It is more focused on video games, so while it’s not specifically for Warhammer, the samples are close enough to easily transfer over. In a way, it’s simple when you use copyrighted work, you always have to understand there is an inherent risk. In the real world, however, things are much fuzzier than that!
The main example used in the post is a Kickstarter with guides that can easily be found online or on YouTube channels. Even though the maps were hand-drawn, the creator used Copyrighted images for the covers of the guides.
This is where things get tough because generally companies won’t take down a YouTube video (even though the creators make revenue) but a project, even with the same info, was just a bridge too far…
Where GW Fan Creativity Ends & IP Infringement Starts
A big issue, when it comes to either Warhammer or video games, is the fact that the companies don’t want people confused as to what is a licensed product and what is not. If you or anyone creates something that is close enough or uses copyrighted images, it can be confusing to consumers.
That’s generally when companies step in, well unless it could fall under the realm of fair use which generally does not cover commercial uses, (but does apply to things like news, education, criticism (but sometimes not specifically satire, etc).
According to Google Fair Use is defined as the following:
(in US copyright law) the doctrine that brief excerpts of copyright material may, under certain circumstances, be quoted verbatim for purposes such as criticism, news reporting, teaching, and research, without the need for permission from or payment to the copyright holder.
Because if people can just use a company’s copyrighted images, the company loses tons of intrinsic and actual value. That seems obvious right? But, that’s just the most obvious point. If you create a one-to-one product, you must know the copyright claim is coming. If you write a book, even if it’s fan-fiction, and you use copyrighted images to market it, you can probably expect a claim on the way.
That’s the easy stuff though, with Warhammer plus and 3d printing on the rise, it gets far more complex.
The Warhammer Plus IP Infringement Conundrum
This is really where things get tough. Let’s look back at the video game side of things. when someone made an Unreal Engine 4-remake of Goldeneye 64, the chances it seeing the light of day were basically zero.
But, how many videos have you seen online about Nintendo games where people dress as Mario, Luigi, etc… Those videos don’t often get taken down. Why? Because it’s not direct competition with Nintendo because they do not have a platform that makes money from videos.
Guess who does have a platform that makes money from Warhammer-focused animations? That’s right, GW does.
While they did hire a lot of animators, there are plenty left out there. GW did update their IP rules to be harsher on YouTubers, they haven’t taken too much action yet. But because they are now in direct competition with animators, that will force more and more copyright claims as they try to corner the market, protect their IP, and provide value to their licensed partners and stockholders.
3D Printing & Games Workshop is Also Very Confusing
Again, the issue with 3D printing is that it directly competes with GW. Like the example above, if someone makes a direct copy of a video game (or close enough), there’s no way the company with the copyright can let it see the light of day.
However, sci-fi and fantasy miniatures have so much more gray areas. How can you say you own futuristic space soldiers? When someone makes a one-to-one copy it’s obvious when they use elements that are specifically copyrighted or a registered trademark in general (what we know as Intellectual property).
But if they do not, how does someone like Games Workshop say it’s too close?
Well, that’s why it’s so confusing. The article from Game Industry had a perfect quote for anyone looking to make something that could be thought of as infringement:
The bottom line is — if you create something that is not entirely original and uses third-party IP rights — without that party’s permission — you need to accept that there is a degree of risk in what you are doing.
Hopefully, this helps clear up where IP infringement actually starts for Games Workshop in regards to things like Warhammer plus, 3d printing, and everything in between.
What do you think about recent developments on the fan side of 40k animations?
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About the Author: Andrew Schrank
