The MLP Arena
TCB => Trader & Shipping Support => Topic started by: Tulips on August 23, 2012, 04:51:01 AM
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Made and sold a giant :muffin: Pony sculpture?
I'm planning on making a pretty large (about the size of the Jumbo G3 plushies) sculpture of a G4 MLP for an art project at Uni. If it turns out cool enough I might be tempted to chuck it up on eBay to see if anyone would be interested in buying it (or I may just keep it for myself but lord knows I don't have the room lol). Though the postage would probably put people off.
Anyway, I'm wondering where I would legally stand with Hasbro since a few plushie makers have gotten cease and desists. I'd like to use :muffin: Pony because she represents something of Brony culture, but using a recognisable character would have the potential of lawsuits wouldn't it? (are the characters trademark or copywrite? lol I know nothing about law) Or would I be able to stand on the grounds of the IP being effectively made a unique art piece and therefore my own IP? Ummm, I have hardly a clue what I'm saying. :P
Pretty much, if I sold a giant :muffin: Pony sculpture would Hasbro try to sue me?
Would I also potentially have the same troubles with a G1 character?
Thanks in advance for any advice you can give! ^.^
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Your best bet would be to contact Hasbro and ask. She is a currently copywrighted character of Hasbro, and it's hard to say they would or not be ok with it.
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Speaking to Hasbro is probably the best solution.
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Hi there,
My brain is very foggy right now. But there is some kind of hobby law where people are allowed to reproduce popular characters as a hobby. I think as long as you keep it under a certain amount of pieces and/or profit you fit within the guidelines.
For instance, if you make 5 custom ponies based on Applejack and sold them to cover your costs you are fine. If you make a 1000 Applejacks and start making a large profit Hasbro can sue because you are now manufacturing.
Sorry, I wish I could remember the law and guidelines exactly.
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What's the harm in going for it? Worst case scenario, they tell you not to do it.
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For instance, if you make 5 custom ponies based on Applejack and sold them to cover your costs you are fine. If you make a 1000 Applejacks and start making a large profit Hasbro can sue because you are now manufacturing.
I agree with this. The person/people who got told to quit making plushies were churning out quite a few of them and they were going for A LOT of money. The person I'm thinking of was pretty much opening a one-person factory for copyrighted character plushies. No wonder she got politely asked to desist.
If you are doing one sculpture for a one-time project, I very much doubt you'll get in trouble.
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Thanks for the advice everyone! If she turns out awesome enough I'll go ahead and put her up for auction and see if Hasbro cares. It would definitely be a one time thing and I'd be surprised if she went very high lol
Thanks :)
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Pretty sure Hasbro is not going to sue you. All that crap about Hasbro sending WhiteDove a cease and desist was nothing but horse apples. http://whitedove-creations.deviantart.com/journal/Too-much-MISINFORMATION-304351080 (http://whitedove-creations.deviantart.com/journal/Too-much-MISINFORMATION-304351080)
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Cool, thanks for that Galactica, it's good to have those facts :)