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NEWS: Nick Simmons' Incarnate Halted Over Alleged Bleach Plagiarism


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DTJB



Joined: 20 Jan 2010
Posts: 671
Location: Dubuque, IA
PostPosted: Thu Feb 25, 2010 4:14 pm Reply with quote
(smack) Even Gene has better work ethic than this.

If anything, I don't see a lawsuit being necessary. Nick just needs to stop production on Incarnate, pay a certain amount of money to cover the loss of damages (if necessary), gain a larger sense of originality and start back at square one. As far as hurting his chances in the industry, that just depends on how far he wants to go in the biz. I did like the earlier comment of perhaps being a publicity stunt. Probably nothing like that, but what if it leads to Kubo working on somethings for Gene's comic group?

And if a lawsuit happens, I can just imagine Gene's reaction if it gets brought to his attention; "I'm sorry, I can't hear you with all of the money coming out of my ears".
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mrsatan



Joined: 06 Jul 2005
Posts: 912
PostPosted: Thu Feb 25, 2010 4:15 pm Reply with quote
BlackJaded wrote:
Kubo seems interested on Nick and may get a lesson from the one highest rising writing manga in a long time.


Why would that happen?

BlackJaded wrote:
Possibly Kubo may come down there to the US and have discussion with NIck Simmons and his family, then get an autograph with the Kiss members.


Again, why would that happen? Why would a talentless thief get rewarded?
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nightmaregenie



Joined: 13 Aug 2007
Posts: 167
Location: Palmy, NZ - student central
PostPosted: Thu Feb 25, 2010 4:35 pm Reply with quote
Quote:
That's true, but they're still using someone else's characters to sell their fanart and doujinshi. At least Simmons changed the names and altered the characters appearances (as slight as it may be), unlike fanartist who are flat out selling someone else's characters. Is what Simmons did plagiarism? No doubt because it's obvious his stuff is a little more than "inspired by", but fanartist are even more obvious examples of plagiarism. I don't think fanartist should be excluded simply because they're fans and Simmons should get ragged on because he "lightboxed" it. Only reason Simmons is getting busted is because he has a big name and is making real money.

Note that I don't have anything against fanartist, but don't tell me they're not plagiarist as well- they're just doing it on a smaller scale at little cons, unlike Simmons who's selling his stuff on Amazon and in comic book stores.

You know, that's where the gist of it lies. He's a professional artist that’s making a considerable amount profit from his work (which is a lot more widely published and distributed than your average fanart) and getting recognised as a professional creator. From both the fans’ and the publisher’s/licensor’s perspective, that’s a much bigger affront as opposed to fanart (which, because the artists more or less acknowledge the source they plagiarised from and claim no ownership, tend to be overlooked by industry people and sometimes even considered as a promotional tool). And yeah, you can also think of it this way: the guy copied someone else’s work without even having the guts to admit that he copied, then sold the images as his creation.

Whether or not he made slight adjustments to the pictures in question is really irrelevant at this point.

I’m not usually keen on supporting accusations of plagiarism in artists because the majority of cases are just coincidental resemblances, but in this case...well, let’s just say the sample images are too close to the Japanese ones for my comfort. It reminds me of that French animator accused of plagiarising a whole platoon of anime.

As an aside, like someone else mentioned, Simmons’ art seems quite rough and amateurish in places.


Last edited by nightmaregenie on Thu Feb 25, 2010 4:45 pm; edited 2 times in total
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TC-man



Joined: 13 Feb 2009
Posts: 118
PostPosted: Thu Feb 25, 2010 4:39 pm Reply with quote
The King of Harts wrote:
Original question:
The King of Harts wrote:
Pardon me if I'm wrong, but don't artist in the Artist Alley of cons sell fanart all the time?


Answers:
spartydragon wrote:
That's always been a legal gray area (technically illegal but people let it slide for various reasons). And... this is a bit different. Fan artists are (usually) drawing stuff freehand, this guy flat out TRACED these characters - they're not "inspired by" established characters, they aren't even an artists take on those characters (fanart) they ARE the characters.

mufurc wrote:

At least those artists acknowledge that it's fanart. Simmons just traced the art and called it his own.

That's true, but they're still using someone else's characters to sell their fanart and doujinshi. At least Simmons changed the names and altered the characters appearances (as slight as it may be), unlike fanartist who are flat out selling someone else's characters. Is what Simmons did plagiarism? No doubt because it's obvious his stuff is a little more than "inspired by", but fanartist are even more obvious examples of plagiarism. I don't think fanartist should be excluded simply because they're fans and Simmons should get ragged on because he "lightboxed" it. Only reason Simmons is getting busted is because he has a big name and is making real money.

Note that I don't have anything against fanartist, but don't tell me they're not plagiarist as well- they're just doing it on a smaller scale at little cons, unlike Simmons who's selling his stuff on Amazon and in comic book stores.


Well, I think fanartists could make very original things, without tracing, "lightboxing" other people's work. In my opinion fanarts are in somewhat gray area, because fanartists just do not own the characters (and their designs) themselves, but they could very well make original fanarts by using their own skills and imaginations which could be count as derivative works which again can be protected by copyright laws and "fair use"; unlike Nick Simmons who just traced, "lightboxed" several works of other mangakas and changing their names and appearances in his comic book, with other words he tried to mask the plagiarism, and then sell it as his own.
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Zilan



Joined: 20 Jan 2005
Posts: 167
PostPosted: Thu Feb 25, 2010 4:40 pm Reply with quote
The pictures of Orihime are pretty bad, it honestly looks like he just traced pictures of her and cropped it in
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chrisb
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Joined: 07 May 2006
Posts: 632
Location: USA
PostPosted: Thu Feb 25, 2010 4:53 pm Reply with quote
I looked on any mainstream entertainment sites to see if this made any news and it's pretty much being ignored. I think Bleach fans are making too big a deal of it also, it's kinda insane that they take it as a personal attack. Nick Simmons and VIZ will work it out, Simmons will be fined and he will probably just have to start a new comic series or drastically tone down the copying.
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TsukasaElkKite



Joined: 22 Nov 2005
Posts: 3993
PostPosted: Thu Feb 25, 2010 4:58 pm Reply with quote
Oh SNAP.

They look identical.
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jgreen



Joined: 14 Mar 2005
Posts: 1325
Location: St. Louis, MO
PostPosted: Thu Feb 25, 2010 5:04 pm Reply with quote
TC-man wrote:
Well, I think fanartists could make very original things, without tracing, "lightboxing" other people's work. In my opinion fanarts are in somewhat gray area, because fanartists just do not own the characters (and their designs) themselves, but they could very well make original fanarts by using their own skills and imaginations which could be count as derivative works which again can be protected by copyright laws and "fair use"; unlike Nick Simmons who just traced, "lightboxed" several works of other mangakas and changing their names and appearances in his comic book, with other words he tried to mask the plagiarism, and then sell it as his own.


That is the exact opposite of reality. Fan artists using copyrighted characters are not creating "derivative works," they are making money illegally off of someone else's IP. Lightboxing another artist's work isn't illegal in the slightest, and there is a HUGE precedent for this exact sort of thing being tolerated by virtually every single American comic book publisher. Not saying that's "right," but it is what it is.

And to anyone who thinks Nick Simmons is getting rich off of Incarnate, I should point out that Incarnate #1 only sold 3622 copies in the American comic book market, and #2-3 sold so low that they didn't even make the top 300 chart the months they were released. Nobody was getting rich off this thing.
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saints



Joined: 01 Sep 2008
Posts: 1
PostPosted: Thu Feb 25, 2010 5:23 pm Reply with quote
I've seen scans. This is totally plagerism. The character not only look s like Zaraki from Bleach but he also seem sto act like him too.

One Character looks like ichigo from bleach.

Some of the sceens look VERY familiar from Bleach.

Another character looks like Alucard from helsing.

I've even see some similarites to a few other comics I've seen.
He can not be allowed to plagerize like this, i dont care whose kif he is man thats just cheaop how can you feel even proud of yourself when you cheat like that?
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Reibooi



Joined: 03 Mar 2008
Posts: 394
PostPosted: Thu Feb 25, 2010 5:23 pm Reply with quote
@chrisb

Mainstream sites are not gonna report this simply because it involves manga something that the average population has no idea about. Until REAL legal action is taken if that happens it won't be on any mainstream news site and even then it will probably be mentioned only in passing.
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ninjaclown



Joined: 17 Dec 2008
Posts: 199
PostPosted: Thu Feb 25, 2010 5:29 pm Reply with quote
I don't use Facebook, so I'm going to reference what Rob Bricken says on Topless Robot: http://www.toplessrobot.com/2010/02/gene_simmons_kid_nick_is_a_comic_creator_a_doucheb.php

Apparently, it says Nick has never heard of Bleach. "Who would name a comic after laundry detergent?"

I hope he's kidding. I really do.
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egoist



Joined: 20 Jun 2008
Posts: 7762
PostPosted: Thu Feb 25, 2010 5:49 pm Reply with quote
Just checked the comparison at Bleachness. lol
Appearance, personality, scenes, actions, moves, poses and dialogue, it's all alike.
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KabaKabaFruit



Joined: 20 Sep 2007
Posts: 1883
Location: Winnipeg, Manitoba
PostPosted: Thu Feb 25, 2010 5:57 pm Reply with quote
Apparently, Nick isn't doing a good job defending himself on Facebook...






Dear lord... Shocked
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Megiddo



Joined: 24 Aug 2005
Posts: 8360
Location: IL
PostPosted: Thu Feb 25, 2010 5:58 pm Reply with quote
That's obviously an impostor I would say. Still very very funny to read.
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jgreen



Joined: 14 Mar 2005
Posts: 1325
Location: St. Louis, MO
PostPosted: Thu Feb 25, 2010 6:03 pm Reply with quote
Definitely an imposter. If you go to the Facebook page those were posted from, he hasn't done anything on Facebook but post on that group page. That seems really unlikely.
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