MLP Fanwork Illegal

[Reani 176]

The C&D of Fighting is Magic is getting a lot of heat, and the primary reason for this is due to trademarking issues. So, after getting myself a little informed on trademark laws, I found out that all fanwork, from fan fictions to fan art, are actually illegal. This actually kinda shocked me. Any thoughts on this? (On a side note, I think it safe to say that EVO killed Fighting is Magic.)

[Doctor XFizzle 8,669]

I just hope that they don't find out about Redbubble

 

At the first sign of crackdown there I'm going to have to pull my gallery

Edited February 10, 2013 by ¡Doctor XFizzle!

[O.S.U. 33]

Can you send me a message with your findings? I wanna look into this, but i need to head off to work.

 

Fan work being illegal doesn't sound right at all. But before i go on another rant, i wanna know where your coming from.

[null123456 759]

What?! So I'm going to jail for writing a crappy fan fic? I'm doomed! Unless they can't trace it down and delete it!

But no jokes here. That's just shocking. It's a shame that all of these amazing fan made things are being thrown down the drain..

[longgone 873]

They haven't been thrown down the drain. They're still of value. Even if it is illegal (which I don't think it is) There's been two years of this stuff, and about 95% of it hasn't had any legal action taken against it.

[Reani 176]

They haven't been thrown down the drain. They're still of value. Even if it is illegal (which I don't think it is) There's been two years of this stuff, and about 95% of it hasn't had any legal action taken against it.

Hasbro doesn't see most of the stuff as a problem because most fan work is not vastly publicized and it won't hurt their image.

 

Can you send me a message with your findings? I wanna look into this, but i need to head off to work.

 

Fan work being illegal doesn't sound right at all. But before i go on another rant, i wanna know where your coming from.

Fan-made stuff like a drawing of an earth pony Twilight or a story of a wingless Rainbow Dash contain characters which have already been trademarked by Hasbro. In essence, fan-work is trademark infringement.

[Midnight Seeker 302]

Unless I am mistaken, I have been led to believe that unauthorized use of something that is trademarked is only illegal when a profit is made.

 

Meaning, writing a fan fiction is fine and dandy, but you can't sell it in any way, manner, shape or form.

 

I think that for the most part, companies like Hasbro have the sense to see fan work as free advertizing.

[Heart's Desire 181]

There's been fan art since there have been fandoms. I don't know about fighting is magic, there may actually be something there, but as long as you are not making money or attempting to promote something as your own you should be fine to write fanfic and draw pictures.

 

Back in the day when the X-Files was big Fox tried to shut down a lot of fan sites. They were successful in shutting down the ones which contained copyrighted photographs but fan fiction, art, and other such things still existed. On top of that, if it was illegal it would be up to Hasbro to press charges. I really don't see them pissing off the fan base by trying to keep them from writing fanfic and drawing ponies.

[Stalliongrad 982]

Familiarize yourself with Fair Use. Fan Fic's are not illegal unless you are producing them for profit. Which i highly doubt anyone who writes them is doing. Parodies and Criticism most of the time are protected under fair use.

[Reani 176]

Unless I am mistaken, I have been led to believe that unauthorized use of something that is trademarked is only illegal when a profit is made.

 

Meaning, writing a fan fiction is fine and dandy, but you can't sell it in any way, manner, shape or form.

 

I think that for the most part, companies like Hasbro have the sense to see fan work as free advertizing.

That's not the case. If non profit isn't a problem, then why is Fighting is Magic going through this ordeal? The only reason this is happening is because Fighting is Magic got put on a large radar when EVO got involved.

[MagicalStarRain 599]

Oh geez. I never made any fan art of canon characters, but what if my stuff gets taken down?! I have no idea how this stuff is illegal.

[Spartan 433]

Let them try to stop us, they won't win.. there are too many of us for them to stop all together. If they take down one thing, five more will pop up to fill its place.

 

Copyright is a good idea, but when companies go way over board, than its a problem

[Reani 176]

Oh geez. I never made any fan art of canon characters, but what if my stuff gets taken down?! I have no idea how this stuff is illegal.

You have nothing to worry about. Again, Fighting is Magic is going through this ordeal because it got largely publicized by EVO. Getting publicized by Fimfiction will not get the attention of Hasbro.

[~Vallo~ 409]

I don't see why it would be illegal. Isn't that why it's called FANwork? I'm sure everyone would know that it wasn't made by the actual staff or Hasbro itself. C'mon, that's just silly.

[Reani 176]

Familiarize yourself with Fair Use. Fan Fic's are not illegal unless you are producing them for profit. Which i highly doubt anyone who writes them is doing. Parodies and Criticism most of the time are protected under fair use.

I don't see many Fan Fic's that are parodies or criticisms towards the show. Most, if not all, MLP Fan Fics use the pony characters (or MLP trademarked material) to create a story. As for parodies, the .mov series is considered a parody, which is why it can get away from situations like what Fighting is Magic is going through currently.

[Shanks 10,816]

That kind of confused me too but Feld0 cleared it up in another topic here is what he said

 

This is just the way US trademark law works. If there is written proof that a trademark owner is aware of an unauthorized infringement of their trademark, they must shut it down or risk losing the trademark. If thetrademark is lost, the concept of My Little Pony video games effectively becomes public domain. Hasbro can look the other way and play ignorant for some time, which is the only reasonable explanation for why this just happened, but a single email to their legal department is enough to constitute written proof that they're aware of the infringement. It is a particularly curious detail that two team members left Mane6 shortly before the C&D was issued...

 

Hasbro has a trademark specifically on "My Little Pony computer games". You can search for the trademark filing itself on the US Trademark Office's website; it has been there since 2002, so it's nothing new. Fan fiction and fan art aren't trademarked, so they aren't bound by trademark law.

 

In other words since fanfics and fanart in this case are covered by copywrite they constitute "fair use" which is not illegal but since Fighting Is Magic is a game which is covered under trademark instead of copywrite it has no fair use if I am understanding what he said correctly.

[~Lawful Jordo~ 2,066]

Fair use act, plain and simple. It is not illegal to write fanfictions, draw fan art or create fan based content unless you plan on making a profit. 

 

The only reason Fighting is magic got canned is because of how widespread it is, and it could potentially hurt Hasbro's image. 

[Reani 176]

I don't see why it would be illegal. Isn't that why it's called FANwork? I'm sure everyone would know that it wasn't made by the actual staff or Hasbro itself. C'mon, that's just silly.

Sadly.... there are a lot of idiots out there. If a work of art gets overly publicized and is mistaken for an actual work from the company, then there are going to be some problems.

[Leafeon 2,702]

No. They aren't going to take such down. They won't unless it's very popular. And when I say popular, I mean very popular. Fan fics, art, etc. don't get that attention.

[~Master~ Button Mash 2,307]

I've said it in a few other places, and I'll say it again here.

 

The copyright/trademark system in the US is downright broken and outdated, and issues like this are proof of that. When it comes down to it, I think the brony community will play a vital role in it's reform.

[Stalliongrad 982]

I don't see many Fan Fic's that are parodies or criticisms towards the show. Most, if not all, MLP Fan Fics use the pony characters (or MLP trademarked material) to create a story. As for parodies, the .mov series is considered a parody, which is why it can get away from situations like what Fighting is Magic is going through currently.

It doesn't matter what the subject of the fan fic is or what the intent was. You CAN use copyrighted material but you CANNOT make a profit on it. Fair Use is done on a case by case basis so its not to say all are protected. Its just about if you are making a profit on someone elses copyrighted works. The images themselves even if copyrighted can be used. It would be like Hasbro suing a child for drawing a character from the show. It aint gonna happen. And most (not all) are positive publicity for Hasbro so much of it is ignored. Mostly because it is not in the public eye. They could care less. Its only when you make money off of someone elses work it becomes an issue.

[HunterTSN 1,444]

It shouldn't be illegal unless you don't give the owner credit for pretty much everything. Also if your making ANY money off it at all then you've got problems.

[Reani 176]

Everything having to do with copyrights and trademarks can be arguable and honestly, this whole ordeal with Fighting is Magic getting sent to the moon has left me tired. (I'm even neglecting the case of Loving vs. Virginia that I'm suppose to be studying up on). The American Law System is very odd unless you are a professional (even then you are presented with a challenge.) I'm just going to lie down and pray for a good resolve to come out of this mess. Thank you for your time. I'm off to take Tylenol for this massive headache I have.

[Shanks 10,816]

I've said it in a few other places, and I'll say it again here.

 

The copyright/trademark system in the US is downright broken and outdated, and issues like this are proof of that. When it comes down to it, I think the brony community will play a vital role in it's reform.

I can give an amen to that, sure we have "fair use" but it is full of so many loopholes, exemptions and is wrought with so much selective enforcement that it favors who has the most toys (which companies have the most lobbyists and slickest lawyers) instead of being simple to the point and based on logic, reason and common sense. Most people don't know this but companies can actually hold a copywrite over 75 years after the creators death, seriously.

[Guest]

trademark and copyright laws are broken.

because from what im hearing i cant even go out in public and sing the mlp fim theme song and have it be legal