Apr 16, 2021

Taking down Bowser's offending appendage

Nintendo has successfully had taken down a lewd image which depicting well-known ‘Super Mario’ bad guy Bowser with engaged in sexual activity with another character.

What has come as a surprise on this occasion is the fact that Nintendo actually took action to remove the image on copyright grounds: normally it does not involve itself in fan-art of its characters, even when the themes are slightly more ‘adult’ than its usual market. The issue in this case was probably the extremely graphic nature of the image: perhaps Nintendo thought it was one step too far. The images are still displayed on Twitter, though we advise not going looking for them on work computers!

Artist @AkkoArcade (known by his or her twitter handle), who created the explicit artwork, commented that the take down notice may have emanated from someone pretending to be Nintendo. Though that might be unlikely, it is not unheard of for competing creators to pose as rights holders to have rivals’ work taken down. AkkoAracade has said that he or she will continue to create artwork, whether or not it offends Nintendo.

If you would like any advice about copyright or intellectual property law generally, please don't hesitate to contact the team on 0191 281 4000, or by email at legal@mcdanielslaw.com.

Posted by: Connor Cartledge in: Copyright, Digital/Tech

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