Suppose an artist publishes an artwork in a proprietary patented format (a codec to be specific). Here's some specifics in this situation:
The artwork itself is fully owned by the said artist, and any source asset the artist acquired are done so legally and in royalty-free format.
The encoder of the publication format is written by the artist based on publicly-available specification, and the specifications themselves are gratis.
The publication format is designed by a commercial entity who also sells encoders, which incorporates patents designed by the said commercial entity.
Q: Does the publication of the artwork encoded in the patented format using artist's own encoder infringes on the commercial entity's patent?
Some similar situations I've seen elsewhere:
The copyright of games built using the Unity3D game engine is owned by the one(s) who wrote the code and created the artworks such as object textures, models, etc. Rather than the Unity company.
However, gratis version of Unity inserts a vanity splash screen, and Unity charges their users based on their financial capability.
The copyright of compilers built using meta-compilers (lex, yacc, bison to name a few) are owned by the one(s) that wrote the lexing rules and grammar specification.
The said format is Dolby Digital Plus with Dolby Atmos technology