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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).
Quote from: Galactica on October 17, 2014, 10:21:11 AMA 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).Listen to this woman.
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?