Do you remember last year when an artist caused quite the stir when he called out Bungie for using his artwork in Destiny 2? At the time, some people defended the studio for using what was technically theirs already—copyright law is weird and confusing—the studio still promised to make it square with the artist and pay him for using their art. This would’ve been nice and all, except they didn’t. Now, over a year after the incident, the artist is calling out Bungie again, which is the last thing Destiny 2 needs as the game’s popularity has declined significantly since.
Julian Faylona isn’t alone. Bungie has faced multiple accusations of using fan-created art without proper attribution or compensation in recent times. Just days before Faylona’s statement, another artist came forward with allegations that their design had been used without permission in promotional materials for a Destiny-themed NERF replica.
Previously, the studio attributed the mishap to an external vendor who mistakenly used Faylona’s art as a reference, believing it to be official Bungie artwork. Yet, the recurring incidents suggest that Bungie’s internal processes and commitment to respecting fan creations is questionable, if not nonexistent.
While video game companies generally own the rights to their original characters and designs, the unique artistic expression found in fan creations is still protected under copyright law. This creates a gray area that many in the industry are still grappling with.
However, the main issue here isn’t ownership. Rather, it’s that Bungie promised to pay the artist and they didn’t.
At the very least, the noise has prompted a response. Principal Community Manager, known as Cozmo, has publicly reached out to Faylona, acknowledging the oversight and promising to “track this down.”
The controversy has also reignited discussions about the broader issues faced by the gaming industry as it attempts to cut down on costs while still delivering the same quality product, resulting in an increasing reliance on outsourcing various aspects of game development and marketing. Critics argue this practice leads to a disconnect between a company’s core values and the execution of its projects, potentially resulting in oversights and ethical missteps.
Then again, it’s become somewhat of a recurring problem with Bungie, which does put into question whether or not the company is doing this intentionally and hoping no one notices or is brave enough to speak up.
For what it’s worth, this highlights the power of social media in bringing attention to certain issues that would’ve otherwise been swept under the rug.
Bungie hasn’t issued an official statement addressing Faylona’s claims. The outcome of this situation could have far-reaching implications for developers interacting with fan artists and managing the use of community-created content in the future.
Bungie is under heavy pressure to deliver for Sony following Concord‘s failure. Their upcoming revival of an older franchise, Marathon, is part of Sony’s live-service lineup, along with Fairgame$, which could be met with the same lukewarm reception as Concord, if not worse.
