Proposed tribute to Final Fantasy booted off Kickstarter website

An online fundraising effort to create a web series based on computer game franchise Final Fantasy has been suspended after claims of copyright infringement.

The proposal, Final Fantasy VII: The Web Series (Unofficial Fan Project), was for several fifteen minute web episodes based on the game. It was billed as a “tribute” to the series.

The campaign, hosted on the Kickstarter website, claimed it needed $400,000 to launch.

But the game’s original creator, Square Enix, has demanded its removal.

In a Digital Millennium Copyright Act (DMCA) notice sent to Kickstarter, which now appears in place of the campaign’s official page, it says:  “The project itself is in infringement of our copyright and should be removed [from Kickstarter] in its entirety.

Speaking to WIPR Bruce Ewing, partner at Dorsey & Whitney LLP in New York, said he understood why the rights holders had taken action.

“I would be surprised if the fundraisers thought they could get away with what they proposed without facing problems.  They had intended it to be as a tribute but I’m sure the rights holders did not view it as such and it’s possible they may even want to do something like this themselves at some point,” he said.

First released in 1987 Final Fantasy is a role-playing video game that has spawned several spin offs including movies and printed media.

Making reference to the Warner Bros. and J.K Rowling v. RDR Books case, Ewing said, “It’s difficult because you don’t want to sue your fans but authors still need to protect their works.”

The 2008 lawsuit saw independent publishing company RDR Books accused of copyright infringement for attempting to publish a guide to Harry Potter called The Harry Potter Lexicon.

Rowling claimed she had intended to publish an encyclopaedia herself and successfully blocked publication.

Ewing added: “It’s more than likely that one or more of the concepts is going to be same. The fundraisers could argue on grounds of fair use but this is a notoriously grey area. The two main defences would be that it was in some way a parody or a transformative work, where you retain parts of an original but to make a different point. However, that doesn’t seem to be case here.”

This is the second time in a month that Kickstarter has run into hot water with rights holders.

In July, WIPR  reported that publishing company Harper Collins had ordered the removal of a proposed sequel to children’s picture book Where the Wild Things Are.

Describing itself as “the world’s largest platform for funding creative projects,” Kickstarter allows any individual or organisation to appeal for funds to set-up a project or idea.

On its website it claims it operates in accordance with copyright laws and invites rights holders to report any suspected violations.  It also claims it has terminated user accounts which are “repeat infringers.”

The campaign will be removed until the dispute is resolved.