Quote Originally Posted by Shougun View Post
This just seems blatantly wrong, besides the fact that Soken has actually responded to fan work. As for the later it's difficult to say if it's coincidence or not but there are multiple occasions where something was desired and then it happened relatively similar to what was asked.
I've actually read the court cases about similar stuff to what DPZ2 is talking about (and Phil Foglio once discussed it at length in his LiveJournal, about the whole <kupo>storm with Marion Zimmer Bradley) and it's slightly different from what you're saying.

Soken has reacted to fanwork, yes, but that stuff is a variation of his work in XIV in the first place so if something sounds similar they can't legally claim that Soken stole from them; technically speaking, Soken listening to them could be a liability to the CREATORS by transforming something that is SE's intellectual property, but fanworks have been getting more legal protections in the last 10 or so years so as long as they're not profiting from the songs themselves, it's bad PR to send DMCA takedowns. The latter can be chalked up to fan requests, and unless they use actual assets (such as 3D models, concept art, or story beats), it can be protected.

Hence, putting up actual fan-made concept art and very specific notes CAN open SE for liability if the fan creator is not properly credited and compensated. It's why the design contests credit the winners and give them an in-game prize. The creator is compensated, and the item/hairstyle becomes SE property; and you agree that your design becomes SE's legal property by entering in the first place, as it's in the Contest description.