Tau vehicles in Marvel comics ?

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**reds8n**

https://graphicpolicy.com/2016/04/28/is-that-tau-in-venom-space-knight-paging-gw-lawyers/

If there’s one company that fights to defend their IP more than a certain House of Mouse, that’d be the game company Games Workshop who has sicked quite a few lawyers on companies they felt were infringing on their Warhammer and Warhammer 40k IP. That’s what makes today’s Venom: Space Knight #6 rather interesting.

The series has Venom soaring through space as a Marvel version of DC’s Green Lantern and with that he comes across all sorts of alien races… including Tau!? Tau are an high-tech alien race from the popular GW game Warhammer 40K.

Here’s the panels:

And here’s a GW Tau Hammerhead where you can see the same iconography on the side.

And here’s the GW Sky Ray model with the same missile set up and iconography.

Things don’t end there, because in the same issue we also have what looks like an Eldar vehicle as well.

This wouldn’t be the first time Marvel has dipped into GW design. Amazing Spider-Man #582 featured a Bolt Pistol.

Update: We have heard back from Games Workshop who has said they are aware of this and it has been passed along to their legal team for further investigation

Given the comparative sizes a'twixt the two companies involved one suspects a gentle apology and maybe some alterations to the art in any collected edition will have to do.

... always a bigger fish though eh ?

**angelofvengeance**

Errr... yeah. Bit naughty that.

**chromedog**

It's not the first time that marvel have done this.

Back in 1981 or '82, Marvel used Angron also.

Oh, that's ok, though because GW didn't try to claim the name for another 10 or so years - whilst also trying to claim Malekith and a bunch of other names too.

I don't think GW have the balls to go up against Marvel and da mouse house (or the legal nouse).

**reds8n**

..least take the icons off from the side maybe ?

... Now then :

How does affect GW's canon ?

It's all true right ?

Is one of the missing Primarchs on Marvel Earth ?

**Lithlandis Stormcrow**

reds8n wrote:
..least take the icons off from the side maybe ?

... Now then :

How does affect GW's canon ?

It's all true right ?

Is one of the missing Primarchs on Marvel Earth ?

Is the Hulk one of the missing Primarchs, I wonder...

**Kid_Kyoto**

Comics do this ALL the time though. Slipping in parodies or homages to other universes including DC slipping in Marvel characters or vice versa.

For a long time Marvel had a reoccuring pair of reporters named Clark and Lois (no last names given).

I don't think GW has much of a case. The aliens have a different name and if Marvel quickly writes a story establishing that they are, I dunno, carnivorous snake men who use enslaved psychic turtles to power their tanks, and quickly design a dozen more tanks for them...

Then they're clearly not the Tau. Just as Ace Reporter Clark Liebowitz and his partner Lois Hernandez are not Superman and Lois Lane.

**Zywus**

Kid_Kyoto wrote:
I don't think GW has much of a case. The aliens have a different name and if Marvel quickly writes a story establishing that they are, I dunno, carnivorous snake men who use enslaved psychic turtles to power their tanks, and quickly design a dozen more tanks for them...

Then they're clearly not the Tau. Just as Ace Reporter Clark Liebowitz and his partner Lois Hernandez are not Superman and Lois Lane.

Nah, they do have a case. The visual design of the tau vehicles are copyrighted (and these are identical to the GW artwork) no matter what aliens are made up that pilot them in the story.

It's no big case, and will probably be settled for a small fee given to GW at best, but having an exact visual copy of a GW vehicle isn't the same as two reporters sharing the first names of two DC characters.

**Wayniac**

Clearly they need marvel to do a 40k comic series as punishment.

**Grimtuff**

Zywus wrote:
Kid_Kyoto wrote:
I don't think GW has much of a case. The aliens have a different name and if Marvel quickly writes a story establishing that they are, I dunno, carnivorous snake men who use enslaved psychic turtles to power their tanks, and quickly design a dozen more tanks for them...

Then they're clearly not the Tau. Just as Ace Reporter Clark Liebowitz and his partner Lois Hernandez are not Superman and Lois Lane.

Nah, they do have a case. The visual design of the tau vehicles are copyrighted (and these are identical to the GW artwork) no matter what aliens are made up that pilot them in the story.

It's no big case, and will probably be settled for a small fee given to GW at best, but having an exact visual copy of a GW vehicle isn't the same as two reporters sharing the first names of two DC characters.

Wouldn't this fall under fair use? Like isn't there a Lantern Corps pics with (amongst others) Daffy Duck and Optimus Prime as members, neither of which are owned by DC.

**Eilif**

Can't believe I'm saying this, but GW has a pretty clear case here.

They might lose if Marvel can claim that it's a parody, but that's a really thin case since it's going to be clear to any judge or jury that the designs and logos are copied direct and without humorous intent.

As for Clark and Lois, common first names are not effectively copyrightable and there is no case there unless the characters bear a visual likeness to their DC counterparts.

**Zywus**

Grimtuff wrote:
Zywus wrote:
Kid_Kyoto wrote:
I don't think GW has much of a case. The aliens have a different name and if Marvel quickly writes a story establishing that they are, I dunno, carnivorous snake men who use enslaved psychic turtles to power their tanks, and quickly design a dozen more tanks for them...

Then they're clearly not the Tau. Just as Ace Reporter Clark Liebowitz and his partner Lois Hernandez are not Superman and Lois Lane.

Nah, they do have a case. The visual design of the tau vehicles are copyrighted (and these are identical to the GW artwork) no matter what aliens are made up that pilot them in the story.

It's no big case, and will probably be settled for a small fee given to GW at best, but having an exact visual copy of a GW vehicle isn't the same as two reporters sharing the first names of two DC characters.

Wouldn't this fall under fair use? Like isn't there a Lantern Corps pics with (amongst others) Daffy Duck and Optimus Prime as members, neither of which are owned by DC.

It may. I would say it's pretty clear that "prima facie" this is a case of copyright infringement. Which can then be argued to still be allowed under one of the exceptions to this rule granted by fair use.

**Kilkrazy**

This is not fair use.

Fair use is things like study, reviews and comment, not using the designs in a new product.

This is a derivative work.

**Kid_Kyoto**

Oh I think ethically Marvel is in the wrong, the make things worse these images look photoshoped. Unlike the bolt pistol they didn't even add something to the designs.

But GW would have to prove Marvel used the Tau, not smooth sleek tanks and noseless aliens. And then prove damages.

This really is like slipping a TIE fighter into the background of a space scene or another company's superheroes into a crowd scene.

"Captain America? What? No, that's my character, Captain Filipino, you can't see it but he has a huge yellow sun on his back."

And for the record, here's Lois and Clark from Marvel.

Wrong? Yeah legally. But in a sane world not something to get stirred up about and I'd hate for these cute nods to stop happening.

http://www.marvunapp.com/Appendix/kentclrk.htm

http://goodcomics.comicbookresources.com/category/comic-book-easter-eggs/

Automatically Appended Next Post:
(that being said, I'd love for Disney to get handed their head, they've pulled some really petty stuff, esp if you look up Howard the Duck)

**Turnip Jedi**

Kind of cheeky, but given all the Tau gear is 'inspired' by Anime/Manga it's kind of a full circle thang....

**Eilif**

Wow, they did use the likeness. Interestingly they did use them in a humorous way that could be construed as parody or humor for which the allowances are a bit wider.

I wonder of comic companies generally allow each other to take jabs as a matter of course. If both sides have been doing it for years without complaint, then it becomes accepted practice.

**Nostromodamus**

Kid_Kyoto wrote:
the make things worse these images look photoshoped.

Yup. Never mind the GW rip off, they should be taken to court for crimes against comic book art. Looks like a bad 90's Nickelodeon CG cartoon.

**Kid_Kyoto**

Eilif wrote:
Wow, they did use the likeness. Interestingly they did use them in a humorous way that could be construed as parody or humor for which the allowances are a bit wider.

I wonder of comic companies generally allow each other to take jabs as a matter of course. If both sides have been doing it for years without complaint, then it becomes accepted practice.

They do, writers even collude on it. In the 70s two writers did a stealth team up where the Avengers fought a thinly veiled version of the Justice League (the Squadron Supreme) and the JLA fought a knock of the Avengers (whose name I forget).

Since then Marvel has done several Squadron Supreme comics and their Superman ripoff (Hyperion) regularly shows up.

Now this is a bit different, and I agree there's no homage, no parody, nothing clever here. But it would be a tough suit for GW to pursue.

Note that GW is fast to put out C&Ds (which have no legal meaning) but the one time they went to trial...

And I bet Marvel/Disney has a lot better lawyers than Chapterhouse.

**Hanskrampf**

Looks like they used the DoW1 models and threw some photoshop filters over it. In fact, I'm pretty that's exactly what they did.

**Kriswall**

Hanskrampf wrote:
Looks like they used the DoW1 models and threw some photoshop filters over it. In fact, I'm pretty that's exactly what they did.

They definitely used a pre-existing 3D model. I know I've seen a model just like this with the shrunken Gun Drones and hatches. I'm assuming the artist was in a bind and needed "alien space ships". He probably just surfed one of the many 3D object repositories, downloaded a couple of likely choices and put them into his artwork. It's possible he created it himself, but I doubt it. Seems like a pretty clear case of copyright infringement combined with a healthy dose of lazy, thieving artist.

**Kilkrazy**

I was wondering why the drones, engines and hatches were all shrunk. If the artwork was bodged up from 3D models, that could easily explain it.

**H.B.M.C.**

Kid_Kyoto wrote:
I don't think GW has much of a case.

Really? C'mon man. It's one thing to have a reporter named "Lois" as a nice nod to the DC character. It's another altogether to have an actual Skyray in your book.

**Zywus**

Kid_Kyoto wrote:
But GW would have to prove Marvel used the Tau, not smooth sleek tanks and noseless aliens. And then prove damages.

Not really. They just have to show the comic side by side with the original art. It doesn't matter who Marvel claim that the vehicle is driven by.

Now, of course GW won't be able to show any direct dmage suffered as these kind of damages is all hypothetical anyway, but generally, in these cases a court will award some semi-arbitrary sum that represent how much Marvel would have needed to pay to get a license to use a derivative of GW's art in their comic.

**Kid_Kyoto**

Again playing devils advocate, cause this ain't never going to get to a court room...

Collage is an accepted art form and in comics people have been using photos and other collage techniques for ages.

I've seen many comics that used a clearly traced picture of New York (no doubt copyrighted) as an establishing shot, maybe with a hand-drawn Spiderman swinging in front.

Are these alien tanks taken from somewhere else, yeah sure. BUT Venom was added, the shot was composed, a new drawing was created from these elements.

Heck there are whole websites dedicated to showing how Greg Land traces and photoshops celebreties, movies etc to make comic books.

Now has he ever been sued or fined? Nope.

In fact he still gets work.

It's unethical, it's plagiarism but it ain't illegal. Or at least it ain't illegal enough to be worth suing over.

**hotsauceman1**

So I can start using clone troopers, storm troopers & Jedi aslong as I put my own people into it. cool.

**Kilkrazy**

Looking at your example image...

A man standing up. A woman with dark hair.A woman's head in semi-profile. These are not plagiarisms. Artists can't copyright generic poses of the human body, they aren't distinctive enough.

Then there are some characters from comic books, used by permission of the copyright holder. That's not controversial. The comic publisher may have specified putting them in.

A direct copy of an original design is a different matter. GW probably will send a letter to Marvel pointng out the similarities, and it will be resolved without even getting to court.

**hotsauceman1**

I always have hated how fast and loose disney can be with copyright TBh.

**Kriswall**

hotsauceman1 wrote:
I always have hated how fast and loose disney can be with copyright TBh.

This isn't a "Disney Issue". It's more likely an "Artist Issue". I doubt the editor even realized this wasn't created by the artist. Disney/Marvel/the editor probably just assume they're paying the artist to draw original content and that he's doing so. This is most likely just a lazy artist slipping something past his boss.

**lord_blackfang**

Never mind the IP theft, these people need to be put away for peddling crappy renders as comic book art.

**Nydhog**

Grimtuff wrote:
Zywus wrote:
Kid_Kyoto wrote:
I don't think GW has much of a case. The aliens have a different name and if Marvel quickly writes a story establishing that they are, I dunno, carnivorous snake men who use enslaved psychic turtles to power their tanks, and quickly design a dozen more tanks for them...

Then they're clearly not the Tau. Just as Ace Reporter Clark Liebowitz and his partner Lois Hernandez are not Superman and Lois Lane.

Nah, they do have a case. The visual design of the tau vehicles are copyrighted (and these are identical to the GW artwork) no matter what aliens are made up that pilot them in the story.

It's no big case, and will probably be settled for a small fee given to GW at best, but having an exact visual copy of a GW vehicle isn't the same as two reporters sharing the first names of two DC characters.

Wouldn't this fall under fair use? Like isn't there a Lantern Corps pics with (amongst others) Daffy Duck and Optimus Prime as members, neither of which are owned by DC.

This is in fact fair use. Paying tribute or parodying is protected under constitutional law. The other thing is it is not the selling point FOR the comic, so they can't argue that they are profiting off their material.

On top of that I highly doubt GW will have the balls to do anything seeing as Marvel is owned by the Disney corporation and they have WAAAAAAAAAY more money than GW. Hell, if GW sued Disney then I guarantee Disney would just buy up GW out of spite. Which actually might be cool... A Disney Legends wargame? I'd play that. Maleficent hurling Ap2 STR8 fireballs at Gaston would be awesome.

**Ghaz**

Grimtuff wrote:
Zywus wrote:
Kid_Kyoto wrote:
I don't think GW has much of a case. The aliens have a different name and if Marvel quickly writes a story establishing that they are, I dunno, carnivorous snake men who use enslaved psychic turtles to power their tanks, and quickly design a dozen more tanks for them...

Then they're clearly not the Tau. Just as Ace Reporter Clark Liebowitz and his partner Lois Hernandez are not Superman and Lois Lane.

Nah, they do have a case. The visual design of the tau vehicles are copyrighted (and these are identical to the GW artwork) no matter what aliens are made up that pilot them in the story.

It's no big case, and will probably be settled for a small fee given to GW at best, but having an exact visual copy of a GW vehicle isn't the same as two reporters sharing the first names of two DC characters.

Wouldn't this fall under fair use? Like isn't there a Lantern Corps pics with (amongst others) Daffy Duck and Optimus Prime as members, neither of which are owned by DC.

DC Comics and Loony Tunes are both owned by Warner Bros. Transformers however is owned by Hasbro.