The MLP Arena
Pony Talk => Pony Corral => Topic started by: Evening_Moonstone on May 01, 2012, 04:57:34 PM
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I've got a question for everyone.
After hearing about the legal action with the Nerf site and Hasbro's lawyers, it's got me to thinking. What is Hasbro's stance on fan-created pony goods?
Surely they've seen the $1000+ plushies on ebay. Or the customized ponies/blind bags of popular characters that sell for a lot of money, too. A famous pony plush-maker on DA has done commission plushies for people who actually worked on Friendship is Magic.
Has there been any action of any sort from Hasbro on things like this? They don't seem like the type of company to go after individual crafters, but with the Nerf thing, it's got me wondering.
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Well, they gave as blank ponies for customizing. I can't imagine it's something they think is a problem.
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Considering the community has been customizing for years, I doubt theyre super concerned. They're at pony fair, and see the customs and hasbro-inspired product and even sell blanks, so they're aware. It's homages.
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Do people sell fan art (drawings) and crafted items (like plush) at pony fairs?
Nevermind, just found an answer here: http://mlparena.com/mlp/index.php/topic,290453.0.html (http://mlparena.com/mlp/index.php/topic,290453.0.html)
Thanks for the answers! Just want to do my homework before I get in too deep with plush making. ^^
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I've often wondered about this, and worried about the status of my pony fanfic, should Hasbro seek to get rid of it! ><
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How can they complain when many people who do customs buy existing ponies and change them? More customs = more money even for Hasbro. Especially since they don't seem to be releasing any *new* G4 ponies. See wedding ponies thread.
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Using a pony body as a canvas to make new designs-- is different than taking an established character design and making a custom.
I know there is a company that frowns upon taking character designs and making stuff with their designs, but I can't remember who or what atm...
But as mentioned, Hasbro encourages the first one, that is why they released the blank pony.
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I remember Aikarin ( a cutomizer) had huge problems with hasbro when she was selling her hasbro-based customs on her page or / and on ebay. I dont think they have changed their mind on copying their style for making profit but Im sure that if we only produce self created ideas, its ok.
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Hasbro know about the collecting community and have done for a long time - their involvement with events like the Fair and the busy presence of websites like this one can make the collecting community difficult to overlook. HB marketing are not going to be unaware of customisers of everything from G1 to G4...for them as a commercial company its going to come down to a balance of time, effort and the bottom line. Adult collectors are no where near being the core of the MLP brand - we are not who Hasbro make there money from - we are a nice little side line bolt on. So for a giant corporation like them its probably - is it really worth chasing down that one person selling a plushie or two of Rainbow Dash on ebay in the grander scheme of marketing their brand to little girls? Probably not. However, as has been shown with another product they are and will always investigate leaks of their own intellectual property - every multinational company has investigators and lawyers doing this - industrial espionage does happen!
Personally as a brand I think they are incredibly supportive of MLP collectors - I think we get a lot of leeway and support which a lot of multinational corporations would probably not offer.
@banditpony - its Disney you will be thinking of - they are notoriously aggressive about their marketing and protectionism of the brand and ALL of its products.
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They don't mind as long as you aren't taking money out of their pockets for their current line. They have no control over the secondary market for their older toys like G1 anymore.
If you started selling FiM fanvideos burned from Youtube with the episodes they would be angry. But after 30 years, everyone knows "My Little Pony" as a household name, and most people realize it's a Hasbro product, so customizing only brings awareness to the brand MORE. And Hasbro can't complain about that.
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So for a giant corporation like them its probably - is it really worth chasing down that one person selling a plushie or two of Rainbow Dash on ebay in the grander scheme of marketing their brand to little girls? Probably not.
they actually DID it once, with the customs and custom packages Aikarin made and displayed on her website. They did not fetch $1000+ like the plushies do and still, Aikarin got chased down. Thats whats making me kinda nervous when doing actual hasbro-pony designs on anything.
I agree though, the MLP Community does really benefit from the things Hasbro does ! But there are sad stories to tell to... our german Collectors Convention was promised to get decoration from Hasbro, which they now declined last week because "they are not allowed to sponsor room decoration for the convention" ... they also claimed they are not allowed to attend there... german rights they said *sigh* ... it depends on which part of the world you are, it seems :P
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It does depend a lot on where in the world you are. Hasbro US is very lax on these things. I know that Germany as a whole - not just hasbro - is much tougher on copyright stuff.
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I believe they do stand by those who CREATE their own characters especially since they offer blank ponies. I havent heard much about the Nerf incident. When did that happen?
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So for a giant corporation like them its probably - is it really worth chasing down that one person selling a plushie or two of Rainbow Dash on ebay in the grander scheme of marketing their brand to little girls? Probably not.
they actually DID it once, with the customs and custom packages Aikarin made and displayed on her website. They did not fetch $1000+ like the plushies do and still, Aikarin got chased down. Thats whats making me kinda nervous when doing actual hasbro-pony designs on anything.
Wasnt Aikarin's problem that she used the MLP branding on her packaging and thats what was at the core of HB's issue...if I remember rightly that was the problem not the customs per se. If she hadnt had the branding then they would probably never have bothered. And I actually understand that...an RD plushie is one thing but to box it up and put MLP and FiM branding on it is a different matter altogether and something HB probably wouldnt be so accepting of.
Here is a quote from the original issue Aikarin had "Hasbro is delighted with my interest in ponies, but not in using their name/logo/packaging to sell custom ponies. They said that this constitutes copyright infringement and violations of federal trademark laws." Which it was I guess!
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So for a giant corporation like them its probably - is it really worth chasing down that one person selling a plushie or two of Rainbow Dash on ebay in the grander scheme of marketing their brand to little girls? Probably not.
they actually DID it once, with the customs and custom packages Aikarin made and displayed on her website. They did not fetch $1000+ like the plushies do and still, Aikarin got chased down. Thats whats making me kinda nervous when doing actual hasbro-pony designs on anything.
Wasnt Aikarin's problem that she used the MLP branding on her packaging and thats what was at the core of HB's issue...if I remember rightly that was the problem not the customs per se. If she hadnt had the branding then they would probably never have bothered. And I actually understand that...an RD plushie is one thing but to box it up and put MLP and FiM branding on it is a different matter altogether and something HB probably wouldnt be so accepting of.
Here is a quote from the original issue Aikarin had "Hasbro is delighted with my interest in ponies, but not in using their name/logo/packaging to sell custom ponies. They said that this constitutes copyright infringement and violations of federal trademark laws." Which it was I guess!
Ohhh thats a big NO NO right there!! Because that could cause the false advertizement for her customs and lead people to think they were official Hasbro products and could lead to accusations of scamming by an unknowing market... (Though her ponies are worth every penny, I've seen them) Which could lead up to lawsuits.
I think Hasbro maybe went to her to honestly after seeing your post above to protect her from that possible threat. And it is infrindgement too.
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This was back in 07 I think it happened to her...and her customs are AMAZING arent they! I am so jealous of people with artistic talent!
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They don't mind as long as you aren't taking money out of their pockets for their current line. They have no control over the secondary market for their older toys like G1 anymore.
This is true. They don't even hold the copyrights for the vast majority of the original MLP line any more. They let them lapse and/or sold them and/or didn't take out the right copyrights to begin with - they only copyrighted the names of the toys, they didn't take out marketing copyrights for movies or trademark them, which they realize now is absolutely necessary. This is why Lauren Faust wasn't able to make exact G4 versions of her favorite ponies and they had to be re-imagined. All except for Applejack :P And it's also the reason that Rainbow Dash is on everything I think XD Hasbro took out every copyright in the book for Rainbow Dash so they are using them to their full advantage.
And I think they've realized that customizing is a huge part of the collecting community, and have embraced it so long as their current copyrights aren't being violated :) And even with that they're being quite lenient. For example, the people making G4 plushies, knicknacks, hats and costumes - Hasbro could technically sue a lot of those people for various things. Use of copyrighted names, images, places, etc. I know that Warner Bros. and J.K. Rowling's team of lawyers did just that for Harry Potter themed fan stuff. But Hasbro has taken a pretty laid back approach. As long as no one is claiming that their item is a Hasbro creation, or directly profiting from their copyrights, they seem to feel that these plushies and accessories and customs serve as advertisement for them - which they do! Although I have seen a few things floating around that I think if Hasbro knew about, they would go after because the products are in direct competition with Hasbro's own stuff. Sticker sheets, jewelry made from actual FiM images (instead of someone drawing their own interpretation), that sort of thing. But on the other hand, that stuff is around partly because Hasbro's distribution of many of these things is not meeting fan demand in a lot of areas.
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Here's what I know:
At the pony fair last year that was in Hasbro Headquarters they had no issues with the handmade plushies being sold.
they did not have an issue with pony based jewelry being sold either.
They supported a customs contest and I'm proud to say that they featured one of my customs on their facebook page. So they like customs ^_^
Hasbro is pretty cool about these things...if they weren't they would tick off a major part of their business and we all know that in the end...we = money.
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One customizer had a run in with the people that own the Naria brand because she customized a pony to look like the white queen...they even had her auction pulled off ebay...That had NOTHING to do with hasbro at all it was the family heirs to the Naria branding it was really strange...Sorry I can't rememeber who the customizer was in that case...I'm sure someone does though.
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One customizer had a run in with the people that own the Naria brand because she customized a pony to look like the white queen...they even had her auction pulled off ebay...That had NOTHING to do with hasbro at all it was the family heirs to the Naria branding it was really strange...Sorry I can't rememeber who the customizer was in that case...I'm sure someone does though.
That's because Narnia is now owned by Disney so the family had pretty powerful lawyers at their disposal...
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I've always understood they're pretty accomodating. Only times I've heard problems with customs on Ebay is with ones of trademarked characters sometimes as the copyright holder gets annoyed.
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One customizer had a run in with the people that own the Naria brand because she customized a pony to look like the white queen...they even had her auction pulled off ebay...That had NOTHING to do with hasbro at all it was the family heirs to the Naria branding it was really strange...Sorry I can't rememeber who the customizer was in that case...I'm sure someone does though.
That's because Narnia is now owned by Disney so the family had pretty powerful lawyers at their disposal...
Yeah....Disney is a whole other story for this kind of thing
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That was part of the reason for my concern. I've heard of Disney forcing a preschool to remove murals of Disney characters from their walls...
Glad to know Hasbro is cool with fan works, as long as they don't infringe on their products. Now, if someone were to make little pony-shaped dolls with brushable hair, they might be told to stop. But for things like plushies (which isn't really what they're marketing), they seem to be cool with the fan market.
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One customizer had a run in with the people that own the Naria brand because she customized a pony to look like the white queen...they even had her auction pulled off ebay...That had NOTHING to do with hasbro at all it was the family heirs to the Naria branding it was really strange...Sorry I can't rememeber who the customizer was in that case...I'm sure someone does though.
That's because Narnia is now owned by Disney so the family had pretty powerful lawyers at their disposal...
Yeah....Disney is a whole other story for this kind of thing
Disney and Warner Brothers in particular are evil when it comes to copyright. If anything of theirs so much as touches youtube the uploader will be in a world of hurt.
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Well even Hasbro has started removing FIM videos from YT but that only started when there was a way to purchase the episodes legally. I can't help but think if Hasbro came out with a set of more show accurate plushies, they might be less accepting of the more accurate plushies. (tho they might have no issue with the more stylized ones like the pony blob ones)
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So for a giant corporation like them its probably - is it really worth chasing down that one person selling a plushie or two of Rainbow Dash on ebay in the grander scheme of marketing their brand to little girls? Probably not.
they actually DID it once, with the customs and custom packages Aikarin made and displayed on her website. They did not fetch $1000+ like the plushies do and still, Aikarin got chased down. Thats whats making me kinda nervous when doing actual hasbro-pony designs on anything.
Wasnt Aikarin's problem that she used the MLP branding on her packaging and thats what was at the core of HB's issue...if I remember rightly that was the problem not the customs per se. If she hadnt had the branding then they would probably never have bothered. And I actually understand that...an RD plushie is one thing but to box it up and put MLP and FiM branding on it is a different matter altogether and something HB probably wouldnt be so accepting of.
Here is a quote from the original issue Aikarin had "Hasbro is delighted with my interest in ponies, but not in using their name/logo/packaging to sell custom ponies. They said that this constitutes copyright infringement and violations of federal trademark laws." Which it was I guess!
Ohhh thats a big NO NO right there!! Because that could cause the false advertizement for her customs and lead people to think they were official Hasbro products and could lead to accusations of scamming by an unknowing market... (Though her ponies are worth every penny, I've seen them) Which could lead up to lawsuits.
I think Hasbro maybe went to her to honestly after seeing your post above to protect her from that possible threat. And it is infrindgement too.
hm thats might be the point. Well I only remember her having issues with the customs she sold. They all got removed from her page too, where she did not have any boxes pictured. Well better safe than sorry I think, I myself wont ever sell a hasbro-inspired custom on ebay or so :)
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So for a giant corporation like them its probably - is it really worth chasing down that one person selling a plushie or two of Rainbow Dash on ebay in the grander scheme of marketing their brand to little girls? Probably not.
they actually DID it once, with the customs and custom packages Aikarin made and displayed on her website. They did not fetch $1000+ like the plushies do and still, Aikarin got chased down. Thats whats making me kinda nervous when doing actual hasbro-pony designs on anything.
Wasnt Aikarin's problem that she used the MLP branding on her packaging and thats what was at the core of HB's issue...if I remember rightly that was the problem not the customs per se. If she hadnt had the branding then they would probably never have bothered. And I actually understand that...an RD plushie is one thing but to box it up and put MLP and FiM branding on it is a different matter altogether and something HB probably wouldnt be so accepting of.
Here is a quote from the original issue Aikarin had "Hasbro is delighted with my interest in ponies, but not in using their name/logo/packaging to sell custom ponies. They said that this constitutes copyright infringement and violations of federal trademark laws." Which it was I guess!
Ohhh thats a big NO NO right there!! Because that could cause the false advertizement for her customs and lead people to think they were official Hasbro products and could lead to accusations of scamming by an unknowing market... (Though her ponies are worth every penny, I've seen them) Which could lead up to lawsuits.
I think Hasbro maybe went to her to honestly after seeing your post above to protect her from that possible threat. And it is infrindgement too.
hm thats might be the point. Well I only remember her having issues with the customs she sold. They all got removed from her page too, where she did not have any boxes pictured. Well better safe than sorry I think, I myself wont ever sell a hasbro-inspired custom on ebay or so :)
Her removing the Hasbro themed customs from her site was more a precautionary measure since Hasbro was as clear as mud. There was a Hasbro themed customs contest at the Fair and there were people selling Hasbro themed customs there. Of course most of them were based on G1 ponies and we all know Hasbro let the trademarks on most those lapse (which is why Lauren Faust couldn't use Firefly or Surprise or Posey in FIM) so possibly Hasbro doesn't care about the G1s so much anymore.
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So for a giant corporation like them its probably - is it really worth chasing down that one person selling a plushie or two of Rainbow Dash on ebay in the grander scheme of marketing their brand to little girls? Probably not.
they actually DID it once, with the customs and custom packages Aikarin made and displayed on her website. They did not fetch $1000+ like the plushies do and still, Aikarin got chased down. Thats whats making me kinda nervous when doing actual hasbro-pony designs on anything.
Wasnt Aikarin's problem that she used the MLP branding on her packaging and thats what was at the core of HB's issue...if I remember rightly that was the problem not the customs per se. If she hadnt had the branding then they would probably never have bothered. And I actually understand that...an RD plushie is one thing but to box it up and put MLP and FiM branding on it is a different matter altogether and something HB probably wouldnt be so accepting of.
Here is a quote from the original issue Aikarin had "Hasbro is delighted with my interest in ponies, but not in using their name/logo/packaging to sell custom ponies. They said that this constitutes copyright infringement and violations of federal trademark laws." Which it was I guess!
That actually makes a lot of sense. I do think Hasbro is pretty ok with everything else, as long as it is obvious that it was handmade by a fan and thus very different from their own product. Once something is marketed almost as if it was made by them, it's a problem, and I can understand that!