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Nyan Cat creator responds to criticism of Scribblenauts suit

Friday, 3rd May 2013 05:54 GMT By Brenna Hillier

Nyan Cat creator Christopher Orlando Torres has said he tried to reach an amicable resolution with 5th Cell and Warner Bros over the use of the meme in Scribblenauts Unlimited, but was “disrespected and snubbed”.

In a lengthy statement published on Eurogamer, Torres defended the lawsuit, which has attracted negative attention.

“We reached out to the companies in hopes of working out an amicable resolution of the issue, yet were disrespected and snubbed each time as nothing more than nuisances for asking for fair compensation for our intellectual property,” he said.

“That’s not right. I have no issues with Nyan Cat being enjoyed by millions of fans as a meme , and I have never tried to prevent people from making creative uses of it that contribute artistically and are not for profit. But this is a commercial use, and these companies themselves are protectors of their own intellectual property.”

Torres said other companies lawfully license Nyan Cat for commercial use, but 5th Cell and Warner Bros. did not, despite the game’s own warnings about respecting copyright. He noted that Warner Bros. licensed Nintendo characters fairly, and that he himself worked in collaboration with the creator of the music used in the original Nyan Cat video.

“There are many reputable companies that have respected our rights and negotiated fees to use our characters commercially. Warner Bros. and 5th Cell should have done the same,” he said.

“Since Warner Bros. and 5th Cell chose to act as if we had no rights in characters we created, filing a lawsuit was the only way we had to protect our intellectual property rights from being used for others’ commercial profit without our consent. Too often normal artists like us don’t have the means and resources to protect our rights against big media corporations who use our work for their own profit without permission. We are looking here just to be treated fairly and to be fairly compensated for our creative work.”

Torres also noted that he didn’t know his creation was in the game until after release, as he was unaware of relevant promotional materials.

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9 Comments

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  1. Stardog

    What a douchebag this Torres guy is.

    #1 1 year ago
  2. Mineral4r7s

    @1 and for what reason? Defending his rights? I think what he is doing is absolutely correct. If others make money of his ideas then a lawsuit is necessary. I actually have some respect for this guy that he lets everyone enjoy his meme for free. I never got the hype about the nyancat but a lot of people like it and hes like yeah have fun with it.

    I think you should rethink to a more objective view.

    #2 1 year ago
  3. Digital Bamboo

    WTF is a Nyan Cat?

    *checks internet* Oh.

    #3 1 year ago
  4. BraveArse

    Torres is absolutely in the right. He has a right to determine how his creation is used and to be paid fairly for it. I like Scribblenauts as much as anyone else but if someone came along and ripped their creation off then it would likely be a very different reaction from them and their fanbase.

    All that this does is make the net a bit more creatively barren than it was before, as more talented people turn their back on it.

    #4 1 year ago
  5. YoungZer0

    So did he sue the people who made the Nyan Cat Videogame? Did he sue anybody else?

    Yes, he has every right to sue 5th Cell, but why would you do it, really?

    #5 1 year ago
  6. Kabby

    Money.

    #6 1 year ago
  7. silkvg247

    @5 Are those commercial? Did they get his permission if they are?

    #7 1 year ago
  8. OmegaSlayer

    I’m with Torres

    #8 1 year ago
  9. Dustie

    I’m TOTALLY with this guy on this! All the media giants are suing people left and right for any slightest copyright infringement, yet still have the guts to ignore others who are in pursue of their own rights. What a bunch of douchebags at 5th Cell and Warner Bros. have responded to this like that. Good decision to push forward with having this resolved through court, otherwise those companies will never learn.

    #9 1 year ago