Hasbro is going after a pony plushie maker on DA

[Snapdragon]

I've said it elsewhere, but the hate this woman is getting is unreal. It seems to me, most people (on other sites) don't care as much that she's making buttloads of money, but that she dares to be egotistical while doing so. And I can't help but think of ANOTHER well-known plushie maker, who has a huge ego, but isn't ever called out to this extent. I wonder if it has anything to do with the fact that he's male and it's a ton of dudes calling White-Dove out, hmmmmmm? Disgusting.

But back on topic, I can see where Hasbro is coming from - as much as I hate to say it, Hasbro will probably sit up and take notice if someone is selling thousands of dollars of fan-made merch every month, and they aren't getting a cut of it. It's just good business sense - don't waste lawyer money going after people making $5,10,20 in profit, but go after the people who are making BIG bucks from your intellectual property. And I guess, before now, there were no big bucks in the fandom, so we never really had this problem. I hope White-Dove doesn't have to stop making plushies entirely though, I really like them! Not that I could ever afford them, of course...

[Sunset]

I've said it elsewhere, but the hate this woman is getting is unreal. It seems to me, most people (on other sites) don't care as much that she's making buttloads of money, but that she dares to be egotistical while doing so. And I can't help but think of ANOTHER well-known plushie maker, who has a huge ego, but isn't ever called out to this extent. I wonder if it has anything to do with the fact that he's male and it's a ton of dudes calling White-Dove out, hmmmmmm? Disgusting.

But back on topic, I can see where Hasbro is coming from - as much as I hate to say it, Hasbro will probably sit up and take notice if someone is selling thousands of dollars of fan-made merch every month, and they aren't getting a cut of it. It's just good business sense - don't waste lawyer money going after people making $5,10,20 in profit, but go after the people who are making BIG bucks from your intellectual property. And I guess, before now, there were no big bucks in the fandom, so we never really had this problem. I hope White-Dove doesn't have to stop making plushies entirely though, I really like them! Not that I could ever afford them, of course...

Of course, you know the irony is I'm sure she could start making original characters and be ok with Hasbro but she probably wouldn't make anywhere near the money she is making now.  All of the hype is for show accurate ponies not original characters!  I wonder if people would be willing to pay as much for her to make their personal pony personas/avatars?

[mlpfan]

it seems hasbro is ok with it as long as the people doing it do not claim to own my little pony and give hasbro credit. hasbro lets it happen as a form of free advertising like the videos on youtube.

Not exactly. Numerous episdoes got taken down from YouTube by a copyright claim from Hasbro themselves. Even the commentary videos are getting hit.

but they are not taking all of them down. the ones that say"for entertainment purposes only,i do not own my little pony hasbro does" those stay up.

They just haven't been caught yet. YouTube can't catch every video the minute they go up.

if you do a search you will see that alot of the epidoes on youtube have been on there for like 8 months to a year or longer.

[Jenn77]

Thanks for replying Sunset and Koudoawaia.. 

 Well hopefully things will get better for White Dove, I too don't think she should be getting the hate she is getting and as for the price of her work I think it was stated earlier in the topic that she started out at 75$ on ebay and the bidders are the ones that shot it up. Maybe she might not charge as much for personas/avatars and OC plushies. Maybe even older gen ponies or does Hasbro still have the rights to them,because that has been up for debate from what I have seen. I am not sure but maybe its a idea that should be suggested to her (if it hasn't been already) for her to do that way she can still make some money and not be under fire from Hasbro?Just tossing my two cents out. :O)

[StarSwirl05]

it seems hasbro is ok with it as long as the people doing it do not claim to own my little pony and give hasbro credit. hasbro lets it happen as a form of free advertising like the videos on youtube.

Not exactly. Numerous episdoes got taken down from YouTube by a copyright claim from Hasbro themselves. Even the commentary videos are getting hit.

but they are not taking all of them down. the ones that say"for entertainment purposes only,i do not own my little pony hasbro does" those stay up.

They just haven't been caught yet. YouTube can't catch every video the minute they go up.

if you do a search you will see that alot of the epidoes on youtube have been on there for like 8 months to a year or longer.

I often see videos get removed after about 2 years but it's copyright infringement nonetheless. People seem to ignore the yellow box at right warning not to upload content they don't own. It's surprising that Hasbro doesn't go after them more quickly but they're probably just busy maintaining their business.

[sabathamk]

So... looking at this... what is then considered legal and not infringement if you'd want to make something show accurate?  Gifts?  Just for personal?  If you can't make it yourself, then how would you get one since asking someone to make one for you would be like asking them to do something illegal?  I'm just trying to clarify since I don't make and sell anything but have been told that I should by family and friends (I've already said to them that I'm not doing cakes though since I found out that that is illegal here too unless you are making them in an industrial kitchen... sigh... although bake sales are fine for some silly reason).  It is a craft, and people are paying for the craft, but it is also of a trademarked item... this makes the lines a little blurred.

[mlpfan]

it seems hasbro is ok with it as long as the people doing it do not claim to own my little pony and give hasbro credit. hasbro lets it happen as a form of free advertising like the videos on youtube.

Not exactly. Numerous episdoes got taken down from YouTube by a copyright claim from Hasbro themselves. Even the commentary videos are getting hit.

but they are not taking all of them down. the ones that say"for entertainment purposes only,i do not own my little pony hasbro does" those stay up.

They just haven't been caught yet. YouTube can't catch every video the minute they go up.

if you do a search you will see that alot of the epidoes on youtube have been on there for like 8 months to a year or longer.

I often see videos get removed after about 2 years but it's copyright infringement nonetheless. People seem to ignore the yellow box at right warning not to upload content they don't own. It's surprising that Hasbro doesn't go after them more quickly but they're probably just busy maintaining their business.

there is no question it is copyright infringment, it just seems hasbro has better things to do than chase after people who post videos on youtube.
also everyone read this.
http://productforums.google.com/forum/#!topic/youtube/-xc1WMua3Sk,


[link removed ~ many thanks ~ hathorcat]


http://innovationlawblog.org/2011/07/peanuts-and-ponies-and-parodies-oh-my/

http://www.danielnyegriffiths.org/2011/09/friendship-is-money-ponies-internet.html


what the person doing the plushes or anything to do with my little pony needs to do is pick up the phone call hasbro and work out a licencing agreement with them, it would be like, let me make cool pony plushes and i will give you 10 or 20 percent, and i bet hasbro would be fine with that! look on other sites at all the official licence pony things people are doing, it is not hard to become licenced to sell ponies!

[StarSwirl05]

it seems hasbro is ok with it as long as the people doing it do not claim to own my little pony and give hasbro credit. hasbro lets it happen as a form of free advertising like the videos on youtube.

Not exactly. Numerous episdoes got taken down from YouTube by a copyright claim from Hasbro themselves. Even the commentary videos are getting hit.

but they are not taking all of them down. the ones that say"for entertainment purposes only,i do not own my little pony hasbro does" those stay up.

They just haven't been caught yet. YouTube can't catch every video the minute they go up.

if you do a search you will see that alot of the epidoes on youtube have been on there for like 8 months to a year or longer.

I often see videos get removed after about 2 years but it's copyright infringement nonetheless. People seem to ignore the yellow box at right warning not to upload content they don't own. It's surprising that Hasbro doesn't go after them more quickly but they're probably just busy maintaining their business.

there is no question it is copyright infringment, it just seems hasbro has better things to do than chase after people who post videos on youtube.
also everyone read this.
http://productforums.google.com/forum/#!topic/youtube/-xc1WMua3Sk,


[link removed ~ many thanks ~ hathorcat]


http://innovationlawblog.org/2011/07/peanuts-and-ponies-and-parodies-oh-my/

http://www.danielnyegriffiths.org/2011/09/friendship-is-money-ponies-internet.html


what the person doing the plushes or anything to do with my little pony needs to do is pick up the phone call hasbro and work out a licencing agreement with them, it would be like, let me make cool pony plushes and i will give you 10 or 20 percent, and i bet hasbro would be fine with that! look on other sites at all the official licence pony things people are doing, it is not hard to become licenced to sell ponies!

This is the video confirming Hasbro's behind removing of FiM episodes and apparently they've gotten some fan sites taken down as well
http://www.youtube.com/watch?v=Gq9k9uEpEm8
I'm not so sure they'd be as kind to make a deal but it could work but  the deviantART user should just take commisions of what people want to see as a plushie that isn't a character from FiM like fill out a little form thing saying body color, hair color, eye color, type of pony, etc.

[mlpfan]

I have contacted hasbro by email to see how they would work out a licencing deal on plushies or anything else(there are tons of licensed items being made right now so it should not be too hard! , it might take me a few days to get an answer . if I don't hear back from them I will give them a call.

[Wardah]

I've said it elsewhere, but the hate this woman is getting is unreal. It seems to me, most people (on other sites) don't care as much that she's making buttloads of money, but that she dares to be egotistical while doing so. And I can't help but think of ANOTHER well-known plushie maker, who has a huge ego, but isn't ever called out to this extent. I wonder if it has anything to do with the fact that he's male and it's a ton of dudes calling White-Dove out, hmmmmmm? Disgusting.

Oh it is simpler than that. Money brings out the ugly. They are disappointed they can't afford one so they are whining like a kid who's mommy wouldn't buy them what they want. Either that and/or they are hoping they can shame her into selling them for less and they know that tactic won't work with the other person.

[SurfStar]

Hmm. I know that she does start her auctions at $75, however, for me to get a decent sized plushie of my persona through her commissions (I looked at them) would have cost me upwards of $400. Just sayin. I don't begrudge her that time/effort and they are gorgeous plushies. However, it was certainly out of my price range even as a custom commission.

Edit: Though I do feel bad about the drama this seems to have stirred up for her.

[mlpfan]

this is copied from equestriadaily
Corrections and Updates Regarding WhiteDove and Hasbro


SUPER IMPORTANT CLARIFICATION/UPDATE: In a statement we have received from WhiteDove herself, she has asked us to clarify that Hasbro has only contacted DeviantART and asked them to ask her to remove her commission prices. Nothing else has occurred, heavily implying Hasbro is content to pursue the barest minimum of legal actions for all the reasons listed below. A Lyra-approved thumbs up to them.


Earlier this week, Equestria Daily reported on Hasbro's Request of takedown against WhiteDove's DeviantART plushie commissions. The article erroneously cited trademark law as an explanation for Hasbro's actions.

Trademark law does require vigorous defense in order to maintain the holding: it's "use it or lose it", and very very harsh. But it would only apply in this instance if WhiteDove were to place official MLP logos on her work, or were to otherwise claim she was selling official merchandise. This is not the case. Therefore, copyright law applies instead. A copyright is issued at the creation of an intellectual property and granted to the legal entity with ownership of that creation without them having to do anything. It does not need to be defended in order to be maintained.

However, failure to defend your copyright voids an important protection in the event of a large-scale infractions. Namely, any lawsuit resulting from such an event would be limited in scope to the damages incurred by the copyright infringement. If Hasbro continues to actively defend their copyright, then they are entitled to seek the value of a license the franchise (in any and all endeavors), instead - an estimated cost difference of $100,000,000. The true figure may be more or less, but it gives you an idea of how much less effective a deterrent such a lawsuit would be to potential rivals.

Regardless of the motivations behind the cease and desist, WhiteDove would be able to retain her ability to sell plushies if she acquires a license to market products from Hasbro. Since the initial article ran, multiple helpful bronies have suggested this to her on her DeviantART profile, and she has declared in the comments section her intention to seek such a license. We would like to wish her good luck.

A special thank you to superpony and legal expert Anarion for contacting me with clarifications and helping to ensure Equestria Daily does its part not to spread misinformation.

Edit/Addendum: It turns out that Hasbro actually claims Trademark over each and every individual character. This means that Hasbro is motivated on both sides of the spectrum to act in many individual cases, as failure to do so would not only cost them millions, but potentially lose their ownership over Twilight Sparkle or her friends. The long and short of it is that this situation is massively, massively complicated, and anyone who commissions FiM works or is considering it should take this information into their calculations.

Note: White Dove did not recieve a Cease and Desist directly from Hasbro.  Deviant Art asked her to remove the plushies after being contacted themselves.

[TokiBear]

Glad to hear she is going to try to get a license from Hasbro!

[lizstaley]

Lovely plushies, but at least they aren't demanding that she not make them any more. They just don't want her to sell them through DA. She could make a website of her own or go to Ebay, or just get people to email her.

Or Hasbro should hire these super-awesome plush makers on to work for them!

[Wardah]

I hate to sound stupid but wouldn't mentioning the characters are trademark to Hasbro cover at least the trademark side of the issue?