Legal status of publishing MLP fan fiction?

[UnicornWolf 8]

I think this is the right place to ask this? I edit an arts and literary magazine (mostly emagazine but we do occasionally have a print on demand issue too) and am keen to include MLP fan fiction, but I do not know the legal status of such works?

 

Is it allowed to create a publication using MLP stories? I saw a post somewhere about one being in the works here, so I assume it is LEGAL. But is it legal WITHIN a general interest publication? Does one need clearance from Hasbro? Have Hasbro issued a waiver, or is there precedent where they have announced they will not sue etc? Do they even have the right to sue?

 

I also want to publish Dr Who fan fiction so the question works just as well in that world too. 

 

Regards

[LORD LOFOS 0]

i wish i could help you with that but i am familiar with american copyright laws

[Inkscape 113]

I am almost certain that Hasbro would need to clear it. All characters are copyrighted to the company. Publishing online is different, because there is no money in it. 

[MasterCombine 316]

As far as I know, the publication of fan fiction for profit is a big no-no unless explicitly permitted by the parent company. I'm not well versed in copyright law, though, so don't take my word as fact. 

[Malinter 3,064]

just change the names of the ponies and Hasbro will be none the wiser. XD

 

The most basic version is. If you make any money from it, you're in trouble.

[GenderIsAnIllusion 2,177]

First off Hasbro did not create the fan works, second off the articles in a magazine fall under the "fair use act" which means you can use copy writes characters and ideas for parody or education related things. Simply label the fan fics as "parody" when including one in your magazine.

[1111 1,284]

youre likely gona need to do nonprofit including money from ads and have some difrences and disclame it having any thing to do with hasbro but idk real any thing

[Commander Fresh 36]

This is a huge grey area. If it's for non-profit purposes, it's technically legal, but Hasbro can still file for a C&D, since they own the IP. You can certainly contest the C&D, but it's generally not worth the effort. If it's work for-profit, fair use can potentially come into play. However, by its definition, fair use seems to be a subjective idea, and is extremely easily contested by Hasbro regardless of the nature of your work. In that situation, should a lawsuit start between you and Hasbro, the one with more money (hint: the large multinational multimillion corporation) is far, far more likely to win.

 

In other words, the only safe route is getting the green light from Hasbro. However, if it's for-profit work, they may want to get a say in how your final work will turn out. That's creative freedom lost right there.

[1111 1,284]

what about a generic pariody? 

[Zygen 6,065]

I am not entirely sure, I feel like as long as you don't make money you should be ok, but then again publishing in a printed magazine is a whole different story to just putting fanfics online.

 

Fanfics online seem to be ok to Hasbro, but idk about having them published in a magazine. 

 

I am not knowledgeable enough with this to say for sure.

 

Where is Simon when ya need him? ;p.

[Inkscape 113]

Parody laws are a whole other ballpark. I am lost as far as that goes.

[Plonkett 341]

I wouldn't recommend doing it unless asking Hasbro for direct permission.