Founded in 1979, Capcom is a Japanese video game developer and publisher that's created numerous multi-million-selling game franchises. Unfortunately, the company now finds itself in a bit of hot water.
Capcom Sued for Copyright Infringement
According to Polygon, photographer Judy A. Juracek has filed a lawsuit against Capcom for using unlicensed photos from her copyrighted book in multiple video games, including Resident Evil 4 and Devil May Cry.
The photos in question are purportedly from Juracek's 1996 book (which was also bundled with a CD-ROM) titled "Surfaces," a collection of 1,200 photos she took as a visual reference for artists, architects, and designers.
Juracek claims that Capcom used her photos to create environments, details, and logos without contacting her for a license to use them commercially.
In Exhibit A of the lawsuit, Juracek points to the game title logo of Resident Evil 4, which has details to seem to match a photo of a cracked glass pane photographed in Surfaces.
Furthermore, given that approximately 80 or more Juracek images appear in RESIDENT EVIL and that the primary brand/logo of RESIDENT EVIL employs a specific shattered glass pattern that matches a Juracek photo taken in Italy (...), it is hard to imagine that precise duplication would be possible by independent creation.
You might be wondering why Juracek is only taking action now, when Devil May Cry and Resident Evil 4 were released in 2001 and 2005, respectively. It seems that Juracek wasn't sure there was copyright infringement at first, but sensitive data from the November 2020 Capcom ransomware attack confirmed her suspicions.
"The file names for at least one of the images from the Capcom hacked files are the same file names as those used on the CD-ROM," reads the lawsuit.
Juracek uses an image of a metal texture as an example. On the CD-ROM, it's labelled "ME009," while Capcom allegedly has the same image stored in its game(s) files with that very same code.
The lawyers that represent Juracek are asking the court for $12 million in damages on a count of copyright infringement. Additionally, for every photograph used, they're seeking $2,500 to $25,000 in damages for "false copyright management and removal of copyright management."
Did Capcom Use Someone's Photos Without Permission?
We'll have to stay tuned to see how the judge will rule this case, but regardless of whether Capcom really did use Juracek's photos or not, there's a lesson to be learned here. You shouldn't need a reminder to not utilize resources that you don't have the license to use, but this lawsuit can serve as that if need be.
The fact that there are creatives out there willing to share the fruits of their labor is wonderful, and stealing their work or refusing to give them attribution is not the right way to thank them.
If you're interested in learning more about the lawsuit, you can read the 147-page court filing on Scribd.
Image Credit: - EMR -/Wikimedia Commons
