Capcom appears to have fallen into a significant, and persuasive, lawsuit. Filed in Connecticut, designer Judy A. Juracek is seeking damages of between $12 and $14 million based on Capcom allegedly using copyrighted artwork from her book in multiple different games. Assets from games spanning more than a decade including Resident Evil 4 and Devil May Cry, but other Resident Evil and Devil May Cry titles were also cited as allegedly breaking copyright law.

Juracek's book, titled Surface, contains well over a thousand high-quality color photographs taken by the author herself. Further, Surface comes with a CD that includes digital copies of these assets. The intent of the book is to support research for designers, as well as artists and architects. Juracek alleges that Capcom took these digital images and used them as textures across many of its games, going as far back as 20 years. The earliest examples appearing in the original Devil May Cry and Resident Evil's 2002 remake.

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As evidence of Capcom's illegal usage of Juracek's copyrighted material, she provides over 100 pages of visual exhibits. Each exhibit shows one of Juracek's copyrighted photos from Surface and compares it directly to an official asset from one of Capcom's games. Perhaps the most brazen example is a photo of a cracked piece of glass. The web of cracks from the glass can be seen applied as a texture to the "4" in Resident Evil 4's official logo. The detailing is undeniably identical between the photo and the logo.

At least 80 different photographs from Juracek's book are cited as exhibits within the lawsuit, each attached to a screenshot from one of Capcom's games where the asset's been used. Whether it's a full stained glass window photograph allegedly used in Resident Evil HD, a photograph of a highly detailed marble tile found in Resident Evil 4, a relief of a winding, feathered bird used in Devil May Cry, or dozens of other examples, Juracek alleges Capcom used her work freely and without permission.

If the photographs and screenshots, many of which appear to be taken from Capcom game playthroughs on YouTube, weren't evidence enough, Juracek has something else on hand. As part of the Capcom data breach from 2020, many of the studio's assets were leaked. Juracek's lawsuit points to at least one of these assets having the verbatim filename of the identical photograph from her book's digital files.

Juracek alleges one count of copyright infringement and one count of false copyright management against Capcom. For the first count, Juracek is asking the court for damages and disgorgement of lost profits of up to $150,000 for each of 80 different photographs, totaling up to $12 million. For the second count, she's asking for up to $2,500 for each of 80 photographs, totaling up another $2 million. Juracek is also asking for the costs of their attorney fees, as well as an injunction against Capcom's ongoing development efforts to protect its exclusive rights.

The severity of the situation cannot be denied, given the substance of Juracek's evidence and the duration that Capcom appears to have been using the assets. As for what it could mean for Capcom's currently available Resident Evil and Devil May Cry games, it remains to be seen. Juracek has requested a trial by jury and is awaiting the court's response.

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Source: Polygon