Hasbro's legal arm needs serious reform

[Plonkett 345]

I had recently learned that when Jananimations was C&D'd, it wasn't Hasbro themselves who did it, but was their legal department. Hasbro didn't even know that the C&D took place until Jan came in contact with them. The lawyers C&D'd him because they thought that his work was the original show, yet instead of doing some research, they just go and flat out put the hammer down on him.This is a huge problem on Hasbro's part because they should be notified BEFORE their lawyers pull such a claim. It makes me wonder if that there are many other C&D's that have been done that Hasbro didn't know about.

 

I'm sure most of their claims are just simply frivolous and bogus. Hasbro needs to do something about this matter because this is exactly what's hurting the fanbase, filing out C&D's when they have little or no reason to. I understand there are some C&D's that are justifiable when creators are making money off MLP related things or not crediting their original owners, but all these over petty reasons has got to stuff. Looking like the actual show is not a good reason for a C&D because it's THEIR fault for not investigating to verify that it's just a fan-created work, and made for free at that.

 

It seems that there's a lot of incompetence going on in this firm, because they are so hellbent on shutting down fanworks for the wrong reasons.

[The Dark Lord 332]

*Sigh* Overlord Hasbro needs to keep a tighter leash on their attack dogs.

Edited August 6, 2014 by Lord Megatron

[Moved to Elsewhere 11,331]

Maybe Hasbro could at least inform their legal departments that fan works are okay since they are under fair use to avoid them giving more big fan projects C&Ds. Also, this proves that those C&Ds weren't Hasbro's fault, but their uninformed legal department. On the bright side, I heard Jan Animations is working with Hasbro now. Maybe that can lead to Button's Adventure returning.

[Plonkett 345]

Maybe Hasbro could at least inform their legal departments that fan works are okay since they are under fair use to avoid them giving more big fan projects C&Ds. Also, this proves that those C&Ds weren't Hasbro's fault, but their uninformed legal department. On the bright side, I heard Jan Animations is working with Hasbro now. Maybe that can lead to Button's Adventure returning.

 

These lawyers have caused enough damage as it is, so they need to be informed ASAP because they cause even more damage.

[caramba2654 602]

Maybe Hasbro could at least inform their legal departments that fan works are okay since they are under fair use to avoid them giving more big fan projects C&Ds. Also, this proves that those C&Ds weren't Hasbro's fault, but their uninformed legal department. On the bright side, I heard Jan Animations is working with Hasbro now. Maybe that can lead to Button's Adventure returning.

 

Exactly. Who knows? Maybe Jan getting C&D might have been the best thing that ever happened to him, because now his work is acknowledged by Hasbro.

[Moved to Elsewhere 11,331]

Exactly. Who knows? Maybe Jan getting C&D might have been the best thing that ever happened to him, because now his work is acknowledged by Hasbro.

Well, their animation was so close to the show it might as well have been done by Hasbro.

[ReGen 1,466]

So wait, Hasbro's legal department C&D'd something their company said was cool? Yikes. At least Jan will probably get to work with Hasbro since they're aware of his work.

[Freewave 1,145]

Most fanworks are not touched by the Hasbro legal wing and they often leave us alone despite every opportunity to use their copywritten and trademarked property.. Jan animations may be an exception but i believe he was using the flash puppets that are still Hasbro property and they were still identical to Hasbro's animation style. This fandom is not dampened by Hasbro's lax copyright protections its allowed us to thrive and floursih over the nearly 4 years we've been here. If you don't like that, you can see how other fandoms "Harry Potter" / "Disney" have much less freedoms over fan content then we do.

 

Hasbro also could have a field day going to bronycon and insisting for all the liscencing they are due on artwork, plushies, music, and the like. Fans don't pay a cent to Hasbro on many of these products and no one says a word. Again, it's not that bad at all how Hasbro hasn't been agressive with copyright. .  

 

So instead of throwing a tantrum about how Hasbro owes YOU something and needs to change their ways why doesn't the op give a little love and tolerance to the company that makes this whole fandom possible?  If Hasbro made a mistake they'll deal with it with Jan but they still had EVERY legal right to do so.  There's no reason to create more controversy and to try to fan the flames of brony drama. :okiedokielokie:

Edited August 6, 2014 by Freewave

[Simon 4,557]

Maintaining a closely watched legal department is very expensive for a company.  Most companies outsource their copyright issues to a third party law firm who makes independent decisions... I mean think of all the episodes posted on youtube and imagine them having to contact Hasbro every time they took one of them down... it would get absolutely insane and defeat the purpose of having that department.

 

Since most companies aren't particularly concerned with leaving fan art up, they don't closely monitor the legal department and just give them free reign to take down anything they think needs to be taken down.  Doing anything besides that would be an impossible to manage workload.

 

However, the fact that Hasbro is willing to work with Jan should tell us just how much they really do value fandom artists... sure the C&D sucked, but it all seems to be working out in the end.

[Jeric 46,852]

I agree with Freewave on this. Hasbro's legal arm is doing what they are expected to do, and in large corporations they are given an expected amount of autonomy to protect the intellectual property.

 

That said, the only company that I knew who was as (more) forgiving of fan works was Lucasfilm ... until the dark times ...

 

Hasbro is ok in my book!

[Plonkett 345]

Most fanworks are not touched by the Hasbro legal wing and they often leave us alone despite every opportunity to use their copywritten and trademarked property.. Jan animations may be an exception but i believe he was using the flash puppets that are still Hasbro property and they were still identical to Hasbro's animation style. This fandom is not dampened by Hasbro's lax copyright protections its allowed us to thrive and floursih over the nearly 4 years we've been here. If you don't like that, you can see how other fandoms "Harry Potter" / "Disney" have much less freedoms over fan content then we do.

 

Hasbro also could have a field day going to bronycon and insisting for all the liscencing they are due on artwork, plushies, music, and the like. Fans don't pay a cent to Hasbro on many of these products and no one says a word. Again, it's not that bad at all how Hasbro hasn't been agressive with copyright. .  

 

So instead of throwing a tantrum about how Hasbro owes YOU something and needs to change their ways why doesn't the op give a little love and tolerance to the company that makes this whole fandom possible?  If Hasbro made a mistake they'll deal with it with Jan but they still had EVERY legal right to do so.  There's no reason to create more controversy and to try to fan the flames of brony drama. :okiedokielokie:

 

Let me remind you that Hasbro and Hasbro Legal are two different entities. This thread was about Hasbro Legal, not the company who created the franchise. This isn't "brony drama", this is a serious and legit issue.

Edited August 6, 2014 by vgmaster9

[Jeric 46,852]

Legal departments aren't like an electronics dept in a store. The lawyers don't answer to just Hasbro or some J Jonah Jamison style boss. There is the American Bar Association that they have to contend with. While making toys and TV shows is a little different than what I do, I am constantly butting heads with my company's legal team over software development and have had ABA Amicus briefs quoted to me 'chapter and verse'. They have to protect the IP as long as they represent it.

And it's really not that big of a deal in the end.

[Freewave 1,145]

Let me remind you that Hasbro and Hasbro Legal are two different entities. This thread was about Hasbro Legal, not the company who created the franchise. This isn't "brony drama", this is a serious and legit issue.

 

They are connected though and they do have the legal right to go after the fanbase if we infringe on their trademarks on a case by case basis. Hasbro doesn't have to tell them how to do their job or who is the exception if Jan actually didn't have permission to infringe and did so. The take away of this is not that "we can do whatever we want" as a fanbase.

 

My advice to you:  Stay Calm and Flutter on

 

or you can run around and pretend the sky is falling, your choice. I think whipping up internet drama is one of the worst decisions that bronies continue to do and you're doing that right now.  Just chillax and try not to instigate the storming of the Hasbro castle. It's a waste of time and energy to focus on the negative when we have it so good.

Edited August 6, 2014 by Freewave

[Plonkett 345]

I also heard that the legal firm is planning to take down Journey of the Spark. I hope they have a good reason to (like using DHX puppets and whatnot).

[Simon 4,557]

 

 

I also heard that the legal firm is planning to take down Journey of the Spark. I hope they have a good reason to (like using DHX puppets and whatnot).

Rumors like that start with any big fan project.  If the legal department was planning on sending a C&D, they'd have done it.  And there are confidentiality laws that would prevent the legal department from spreading that information before doing it, so certainly any rumors you're hearing are not based in fact, but in rumor and speculation.

 

Bottom line is that Hasbro and Hasbro's legal department own the IP, and anything using that IP can be shut down.  The fact that Hasbro has left as much fan content up as it has is representative of the fact that they really do want to encourage our creativity. 

[Plonkett 345]

Rumors like that start with any big fan project.  If the legal department was planning on sending a C&D, they'd have done it.  And there are confidentiality laws that would prevent the legal department from spreading that information before doing it, so certainly any rumors you're hearing are not based in fact, but in rumor and speculation.

 

Bottom line is that Hasbro and Hasbro's legal department own the IP, and anything using that IP can be shut down.  The fact that Hasbro has left as much fan content up as it has is representative of the fact that they really do want to encourage our creativity. 

 

 

Well it started getting made a while ago, and according to an ED article about the creator, the C&D already took place.

Edited August 7, 2014 by vgmaster9
Removed inappropriate link

[Buck Testa 5,505]

Well if this goes down like I hope then Buttonmash could end up becoming a cannon character and dare I say they could make sweety bell and button a cannon hearts and hooves day thing... Thank you Hasbro legal!

 

Edited August 8, 2014 by Buck Testa

[Jeric 46,852]

Well if this goes down like I hope then Buttonmash could end up becoming a cannon character

 

I thought he was a canon character, at least based on a canon character from the Hearts and Hooves Day ep.

 

 

 

Well it started getting made a while ago, and according to an ED article about the creator, the C&D already took place.

 

And they still released more information at BronyCon? Violating a C&D that is outstanding and unresolved has consequences. The next step is being served with a complaint. I do have a hard time believing that anyone would willingly go to a high profile convention like that, but stranger things have happened. You know, there is a podcast called This Week In Law that goes into C&D and Copyright issues in new media (they focus on tech mostly) and they have addressed some of the ongoing cases. You may want to see if you can find an episode regarding IP Copyright issues and YouTube.  Arm yourself with knowledge.

[Moved to Elsewhere 11,331]

Well it started getting made a while ago, and according to an ED article about the creator, the C&D already took place.

Then how come I've never heard about and how come they posted a 10 minute preview for it recently?

[Zygen 6,066]

Well, unfortunately yes, stuff like this happens, but try not to get to wound up about it, it's an honest mistake, which is better than many companies, because many companies refuse to allow next to any fanworks. 

 

And considering how much content goes onto YouTube every day, as well as other content going to all kinds of other places, I'm sure that hasbro's legal department is trying their best to deal with things. 

 

And again, even though mistakes happen, even in companies, Hasbro expressed their remorse on the matter, and according to what I've heard Jan may be working with Hasbro even.

 

So really it could have easily gone worse, many companies will not even allow any type of content at all without their direct permission, Hasbro is actually one of the most lenient when it comes to fan content, sure they aren't perfect, but nobody is, and no company is either.

 

Plus, while I'm no law expert, there is a certain amount of protecting their IP they have to do in order to keep it if I recall correctly, so they can't just let anything slide unfortunately, or they lose their IP.

 

As for the rumors about Journey of the Spark, they are simply that, just rumors, I don't like to believe rumors typically without having some form of proof atleast, as many many rumors turn out wrong.

 

Plus Simon has also stated that there are laws against them saying anything about a C&D before it is actually initiated, and while I don't know much when it comes to law, I think Simon does, so I am going to go with his expert information. ;p

 

Point is, while the Hasbro legal department may not be perfect, I think it's still pretty good all things considered, so there's no point in getting worked up about it.