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Author Topic: Hasbro's My Little Pony copyright... can we profit from the franchise?  (Read 6795 times)

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Offline ponyqueen

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I recently opened an Etsy store (www.etsy.com/shop/SkyGlory) with all of my My Little Pony watercolor paintings available for digital download, and a concerned seller said:

"I'd be very careful about using "My Little Pony" in your work here, unless you already have permission from them to use their name and copy their work!

I'd hate for your lovely work to get shut down."

I'm not sure what to say, because obviously there are thousands of talented artists out there (and here on the Arena) selling and profiting off the franchise, but we don't technically have any permission... so do we have a (legal) leg to stand on if Hasbro wanted to do something about it (which I'm sure they won't)?

Similarly, handmade sellers are also making custom works from Disney characters, and other major movie characters.

I guess I'm wondering... what should I do? Put a disclaimer in my listings that Hasbro owns the copyright to the franchise, and I own the copyright to the art I create?
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Offline ponycake

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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #1 on: October 17, 2014, 10:17:14 AM »
I'd do nothing I guess. I wouldn't respond to that person who sounds snarky to me for some reason and I'd continue on.

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Offline Galactica

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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #2 on: October 17, 2014, 10:21:11 AM »
A disclaimer won't help you, but I wouldn't worry overmuch.

If someone reports you or they spot you, they will shut you down. Your work (much like the other artists works you mention) are derivative and do infringe on existing copyrights.  Periodically someone on behalf of Hasbro's trademark will go through Etsy and sweep out a bunch of MLP plushie/custom/art makers.  Other times, your competitors will rat on you to see you removed because they are mean.

Most people just open up again after the sweep. I wouldn't do anything until that time, and there is nothing you can do to protect yourself.... except to not use copyrighted names and images in your work.

Its not that Hasbro is evil, but if they know about copyright infringement and do nothing about it, legally it could be said that they have knowingly waived infringements which they don't want.  So they will keep doing it. (They have to).
« Last Edit: October 17, 2014, 10:24:14 AM by Galactica »

Offline banditpony

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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #3 on: October 17, 2014, 11:51:32 AM »
Hasbro is more lenient when it comes to fanworks compared to other companies like Disney who doesn't want fanworks to be sold at all -- and cracks down harder on them. Hasbro allows all the fan art and plushies to be sold at the MLP fair, so that's something to consider. But they also have every right to protect their IP.

I wouldn't worry about it too much. :) And I was browsing your Etsy today, you have lovely work.
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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #4 on: October 17, 2014, 12:50:55 PM »
I think if you were ripping off their factory made plushes right down to the last bit of stuffing, or making your own blind bags and selling them, then they'd have a problem with it.   But honestly, they've been really cool about a lot of things the fans have done - I mean, some of the the comics alone on Deviantart look like they came straight from the FiM show, and they haven't pulled them. I think the only thing they've really pulled has been the episodes on Youtube.

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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #5 on: October 17, 2014, 01:37:05 PM »
Holy smokes, those are gorgeous!
Is there a price difference for an actual print?
I'd love to hang some of your artwork in my pony room, but my printer isn't anything to write home about. lol

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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #6 on: October 17, 2014, 02:33:07 PM »
Until you get a 'cease and desist' letter direct from Hasbro, I wouldn't worry about it overly much.

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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #7 on: October 17, 2014, 04:44:33 PM »
A disclaimer won't help you, but I wouldn't worry overmuch.

If someone reports you or they spot you, they will shut you down. Your work (much like the other artists works you mention) are derivative and do infringe on existing copyrights.  Periodically someone on behalf of Hasbro's trademark will go through Etsy and sweep out a bunch of MLP plushie/custom/art makers.  Other times, your competitors will rat on you to see you removed because they are mean.

Most people just open up again after the sweep. I wouldn't do anything until that time, and there is nothing you can do to protect yourself.... except to not use copyrighted names and images in your work.

Its not that Hasbro is evil, but if they know about copyright infringement and do nothing about it, legally it could be said that they have knowingly waived infringements which they don't want.  So they will keep doing it. (They have to).


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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #8 on: October 19, 2014, 03:34:57 AM »
Agreeing with above here. I've never had any trouble from Hasbro, but I had C&D's on my Fallout stuff, and more recently a minecraft item I was careless with as recognition software picked it up. (I now draw all the characters and don't use official art)

If someone comes along and goes 'Hey, be careful, I just got a C&D on my my little pony print, they might get you next' then maybe pay attention and hide your stuff for a week or so.

Also, does anyone know if they have a 3 strikes and then a shop ban policy? Because I'm on my third C&D now and I'm super paranoid.
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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #9 on: October 19, 2014, 04:02:06 AM »
A disclaimer won't help you, but I wouldn't worry overmuch.

If someone reports you or they spot you, they will shut you down. Your work (much like the other artists works you mention) are derivative and do infringe on existing copyrights.  Periodically someone on behalf of Hasbro's trademark will go through Etsy and sweep out a bunch of MLP plushie/custom/art makers.  Other times, your competitors will rat on you to see you removed because they are mean.

Most people just open up again after the sweep. I wouldn't do anything until that time, and there is nothing you can do to protect yourself.... except to not use copyrighted names and images in your work.

Its not that Hasbro is evil, but if they know about copyright infringement and do nothing about it, legally it could be said that they have knowingly waived infringements which they don't want.  So they will keep doing it. (They have to).


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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #10 on: October 20, 2014, 07:04:16 PM »
Thank you for posting this! I have always wondered about that. I have made MLP quilts and tote bags as gifts, but I have never sold them for fear of recrimination. Also, I admit that I have used line art directly from MLP coloring books. I would imagine that would be a bigger no-no than using fan art if I did decide to make some items for sale. Can anyone confirm that? 
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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #11 on: October 20, 2014, 11:04:11 PM »
Thank you for posting this! I have always wondered about that. I have made MLP quilts and tote bags as gifts, but I have never sold them for fear of recrimination. Also, I admit that I have used line art directly from MLP coloring books. I would imagine that would be a bigger no-no than using fan art if I did decide to make some items for sale. Can anyone confirm that? 

Since it's such a small scale I'm sure you would be fine. If not, nothing would happen, they'd just tell you to stop. For a while I vectored old lineart and put the designs on tshirts which I then sold, not much profit from it but I did several for several months, even had one of them on the front page of the website for a few days. Nothing came of it. Although I didn't tag it as my little pony I don't think, I forget. I think I purposely avoided that and just advertised here and on Tumblr.
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Offline ponyqueen

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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #12 on: October 22, 2014, 06:03:37 PM »
Thanks all... yeah I wondered how unlawful it could be, but then I considered that Hasbro not only seems to condone a certain level of MLP custom creations, they seem to sanction and encourage it at the Hasbro My Little Pony National Convention. (!?) How could it be that different from selling on Etsy? (or on the Arena, or DA). So I think it's okay?

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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #13 on: October 22, 2014, 06:58:40 PM »
Maybe you were singled out because your art is a direct copy of Hasbro's art?

The Quackers in your sig for instance is straight out of the coloring books, and I believe Whizzer is from a backcard. I think that's why this person messaged you, because it's a direct copy of their existing art.
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Re: Hasbro's My Little Pony copyright... can we profit from the franchise?
« Reply #14 on: October 22, 2014, 11:41:26 PM »
The odds are Hasbro has no idea if G1 fan art is copied from their official art or not.  They may have some original G1 art stockpiled somewhere, but it's not something their current team is going to be familiar with.  They aren't going to go flipping through old coloring books and backcards.

Might be different if you were copying their current G1-ish merchandising art (the stuff that isn't really vintage even though it features vintage ponies).

Similarly, I would guess the ponies most likely to "draw attention" are the ones they are using on their G1 retro merchandise.  Gusty, Sundance, Birthflower pony Rose, Powder, Starshine, Firefly, etc.
« Last Edit: October 22, 2014, 11:43:30 PM by LadyMoondancer »
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