Morally, they should.
Legally, they aint gotta do sh*t lmao. By submitting, they give Bungie the right to use it.
English
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Now I don’t feel as bad about hackers, leakers, and cheaters. We can’t do dirt and think it won’t happen to us bungie.
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Not necessarily… Even a T.O.S has it limits. Especially if that T.O.S can be proven shady. Not the first time something like that has been taken to court. Each side has rights protecting them. That is easy enough to know. If Bungie really had the rights, then we would have been getting soo much better looking armor and weapon sets. Lmao. Fan art is tricky. Basically fan art= can’t sell as the copyright laws protects the owner of the IP. However copyright laws also would protect the artist as it still art. The Art and IP are separate… Bungie owns the “statue(ip)”, and the artist owns the drawing itself. One must have permission for the other to use it. T.o.s can basically come down to. “Hey it’s in the tos they can use it for whatever.” Vs “Oh is it. Never saw it or been brought up to anyone’s attention until now.” Which can create chaos. Loops holes. -So basically Bungie should have just said “hey can we use this”. If that has been asked before then cool. Maybe a misunderstanding happened. Now by every right legal issues can arise.
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I'm sorry but there is no ambiguity in this instance. When you submit artowrk to bungie, there is quite literally a disclaimer (in addition to the ToS) that reads: "By using this form, you are submitting content to Bungie. When you submit content to Bungie, you agree to the Bungie Services Terms of Use, which also means that you're promising us that you have the right to upload that content, that we can freely use it without condition, and you agree that your submission follows our Code of Conduct." I am 100% on the side of crediting the artisit, as they should have done. But legally speaking, the artist has no ground to stand on, not that they're legally pursuing Bungie anyways.
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Sorry mate, but you can't say : [quote] “Oh is it. Never saw it or been brought up to anyone’s attention until now.” [/quote] To something you have read through and accepted...just sayin'.