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04-27-2015
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24
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Registered User
Join Date: Apr 2015
Posts: 901
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Exactly. You literally copied the exact head. Yes, I understand that the head is a common simple design or what not, however it was a signature head of a weller known admin, and using Graal as a microcosm etc., that is considered copyright infringement. As you stated, "if it takes only a small part of the original work, and even if you add a lot of your own original expression." shows this is completely copyright infringement.
You also previously stated "It is a variation of elly bellys head. I animated it, changed the mouth and size of tongue. I think those were the things that made it different so that's what I changed. The rest is basically a yellow circle which is pretty common.". There is completely no variation from it, other than some flashing colors. Lastly, just resizing different aspects such as the tongue and mouth doesn't change anything to consider it yours
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Right, so if mine is a copyright infringement then so is his, because he is definitely not the first to come up with a yellow smile head. So one could argue no one should ever use any variation of a yellow smile head unless they are the creator of the old PAC man game or creator of emojis. Any kind of variation of a yellow head would still be copyright infringement based on those standards.
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