'Report 1 shop, another 10 appear': Hoyofest artists on copyright struggles, Digital News

AsiaOne

01-07-2025

They spend days in front of their digital canvas, drawing a character, and finally bringing it to life.
But once they post their creations online, they are shocked to find that their labour of love is blatantly plagiarised, and are used on flimsy shirts or cheap acrylic keychains.
Artists like Deby Kurniawan face such issues regularly when they create content for events, such as the upcoming Hoyofest in Singapore.
Hoyofest 2025 is a festival for Hoyoverse games such as Genshin Impact, Honkai Star Rail and Zenless Zone Zero, where game merchandise, cosplay and other activities will be available for those participating in the event.
To be held from July 25 to 27 at the Suntec Singapore Convention and Exhibition Centre, Hoyofest is Singapore's largest one thus far, and has a similarly scaled-up artist alley to feature more content creators in the region. Proving themselves as artists
Despite the support provided by Hoyoverse, the global brand name for China-based game company Mihoyo, artists do face their fair share of difficulties.
Deby, 30, a Singapore permanent resident, is one of the five members of the artist group Kuromitsu Kitsune Art Circle based in Indonesia.
She said that when Mihoyo's Genshin Impact was launched worldwide in 2020, the group's work began to get noticed after they started making art based on the game's characters.
"When we published (our works) on social media, some of the our followers asked if we were going to make pins or prints — that's when we started to make (them)," she said.
Deby, who works in the IT industry, started making art as a hobby during the Covid-19 pandemic. Copied by others
But her group also faces a perennial problem — their works are copied by others online, which she can do nothing about, Deby admitted.
"If you go to Alibaba, (our works) are all there and it's (sold for) $1 so we cannot fight back," she said. "You try to report one shop and another 10 appear."
Deby added: "Sometimes we give up. It is really a waste of time, and we decide that it isn't worth the time. We should focus on creating new art."
But that doesn't mean she's unaffected by those who infringe upon their copyrighted work.
"It's upsetting because it takes some time and effort to draw these," she explained. "Like I said, I have to play the game and I have to understand why the characters are designed in a certain way."
There are others like Deby who face similar problems. 'Nothing much I can do'
For Singaporean artist Sherry Mak, who makes unique, crocheted works, copycats are a big issue.
"They are very heavily inspired by my creations," Sherry, also in her 30s, said. "There's a way I make certain things, I keep it very standard… very recognisable.
"Sometimes the customers (who buy a lot from me) can recognise the way my crocheted items look, and they will see that their (products) look very familiar."
She added: "There's nothing much I can do."
While she does take a long time to craft even one crocheted work, at least the process isn't quite as painstaking.
"It's very fun," she admitted. "I play music or I watch movie — I basically sit there and just move my hands, so it's actually very relaxing." Is originality key?
So when exactly do artists have a stake in their fan creations?
Speaking with AsiaOne, That.Legal LLC execute director Mark Teng said it is a common misconception for fan creators to think that if they create the work themselves, they own the copyright.
"This is not necessarily correct, especially where the work is based on someone else's IP (intellectual property), such as characters, designs, or storylines from games," said Teng, who is also Co-Vice-Chair of Law Society of Singapore's IP Practice Committee.
That.Legal frequently helps IP owners against counterfeiters and copycats, although Teng said that it is rarer to see fan creators taking direct enforcement action because they are hesitant to attract attention from the IP owner or uncertain of the strength of their legal position.
He added: "In legal terms, such a work is considered a derivative work. Unless the artist has obtained permission from the original rights holder, distributing a derivative work may likely constitute copyright infringement."
Adding sufficient originality to the work may qualify it for a separate copyright, but this would be assessed on a case-by-case basis, he clarified.
For Hoyoverse, its publicly available terms "do not appear to explicitly require fan creators to assign the copyright in derivative works back to the company", Teng said, explaining that if a fan creator's work is "sufficiently original", they may own the copyright in that derivative work.
The burden is on the fan creator to prove the infringement — but for the case of a clear-cut copy-paste reproduction, the fan creator may have "stronger grounds to enforce their copyright" even for derivate works, he said.
Responding to queries from AsiaOne, a Hoyoverse representative said: "We are devoted to fostering an inclusive fan base, and for our fans to share their passion for animation, comics and games through their own creativity and skills." 'Subtle watermarks'
Teng also advised fan creators to embed "subtle watermarks" or "unique design elements" to discourage copying and better protect their work.
"These can serve as evidence to help demonstrate that a copycat has copied their work," he explained.
Using lower-resolution images when uploading works online also reduces the likelihood of copycats, Teng added.
He also indicated that it is "good practice" for fan creators to monitor major online platforms and marketplaces for unauthorised copies of their work.
"Early detection allows creators to take timely action, such as filing takedown requests with the relevant platform."
As for copycats that may be based in China, the battle may not be worthwhile for many fan creators.
"Owing to China's large manufacturing capabilities and its comparatively complex IP enforcement landscape, taking legal action across borders can often be expensive, complicated, and time-consuming," Teng admitted.
It may even be more cost-effective to target distribution channels rather than the source of production, which means curbing demand and restricting sales of infringing merchandise on online marketplaces, he said.
"While tackling the manufacturing source may be challenging, cutting off access to the market at the point of sale can be a more efficient way to reduce the impact of infringing products." Planning ahead
Both Deby and Sherry have tried their own measures to mitigate the copyright infringement issues.
Deby says that most copycats would understand after her group speaks with them.
Her group has also started putting watermarks or blurring images when they post them online, so that copying their work isn't that easy.
Separately, Deby also expressed hope that her group will be able to operate on a scale that goes beyond Southeast Asia such as in Europe or America.
Sherry puts up notices both online and at the event booth "just to bring awareness to new customers" that they would be getting "original designs crocheted by her" instead of "copied from others".
"That's all I can do," she simply stated.
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