Copyrights...

[Rainfeather]

I see people making pony fan-art and selling them.
Where is the line for Hasbro that makes it copyright infringment?

I'm having a idea where I would only use the symbols of G1.
does Hasbro even still care about G1 or is at free area?

[Griffin]

Well, the question about fan art is a little tricky, it's a grey area to be honest. Technically selling fan art of any trademarked or copyrighted characters/designs is illegal, but most companies don't seem to care as long as you're not making big bucks selling your art; it's just not worth the costs and the effort to go after small profile artists. Besides, Hasbro appears to be one of the most fan art friendly companies, I think they actually do approve of fanmade products (it's free advertising, sort of, after all) as long as there isn't a danger of confusing them with official MLP products or mass-production involved.

I wouldn't want to advise anyone to do anything illegal but in general selling handmade MLP fan art for small profit seems to be ok with Hasbro, G1 even more so as it does not affect their current sales. I guess in the end you just have to decide what you're comfortable with. Making any kind of unique pieces of art and selling them is a bit different from selling e.g. prints or other mass-producted items, at least in my eyes.   

[Tilas]

It's really a "it's ok as long as you don't get caught" deal. Griffin is right, technically it's totally illegal because you don't own the rights to the characters. But it's one of those "everyone does it" things so people do it anyways. You can get caught (I was), and can get a notice to remove your items, but admittedly, even that's pretty rare and usually only happens on places like Etsy where they can be very vigilant.

[Luna Princess]

Not sure on this one. Maybe it would be wise to contact the company about this, and see what they have to say first.

I'm in the similar boat as you.
I was thinking of taking photo of the g1 ponies I own, and using them in my birthday card designs to sell locally.

But 1st I will contact the company and get permission to do this. Maybe you should do the same.

Just to be on the safe side.

[Rainfeather]

Thanks.

I made 'fan-art' once. Actually it was satire about Miffy (very popular here).
I immedeately got a threathening mail with a lawsuite. I removed my art. 6 people dindn't. They won the case since it was satire.

How much money is too much money?
Tell me more Tilas about the 'getting caught', was it Hasbro?

[ponycake]

Not sure on this one. Maybe it would be wise to contact the company about this, and see what they have to say first.

I'm in the similar boat as you.
I was thinking of taking photo of the g1 ponies I own, and using them in my birthday card designs to sell locally.

But 1st I will contact the company and get permission to do this. Maybe you should do the same.

Just to be on the safe side.

They won't give you permission. Whoever is in charge of responding to that email isn't going to be very high up and is just going to respond the obvious way, 'no you can't use our copyrighted material.' By the books and on record. I've seen others try and it always ends this way. It's nice of you to ask, though.

[Luna Princess]

Nothing wrong with asking. I'm only interested  in the original vintage ponies to photograph and put on my cards to sell locally. They might allow or refuse, but I will never known if I do not ask.

I still like to draw and sketch. So I can just stick with that.

As long as you're the original sketch artist, colour and design you're work in a very different and unique way. Then there should be no problem.

I'm surprise that Hasbro did not crack down those who use their outline art. They just started to crack down on places like you tube to remove their cartoon series, maybe this is the future trend of more to come.

[Silver_mirror46]

Technically you'd have to pay a license to use the characters, these licenses have a specific charge and a specific time period to be used for commercial purposes

People sell fanart all the time though (obviously not paying said licenses) I wouldn't worry too much, besides, the G1 characters and trademark, being outdated.... sortof wouldn't attract as much attention as say, commisioned G4 push dolls

[kestral_kitsune]

I know with Disney characters its a flat out NO. they don't like the use of their characters for anything really -example: the nursery/daycare that had to take down the Disney mural they had just put up due to a copyright infringement lawsuit- Hasbro goes after those that start making enough of a profit that they deem 'trouble some', other companies see it as free advertisement.  I would still kinda err on the side of caution

[rosierjay]

i recently saw something interesting at B&N.
in the kids department they had a poster set from Adventure Time. and 90% of the poster were fan art from deviant art or the like. most of the artist only had the user name.
i'm sure the artist don't see any of the royalties. and a lot of places print fan art on t-shirts and make a profit.

so maybe the companies see fan art as free art they can use for merchandise.

[hathorcat]

As Tilas and GriffIn have said using MLP in non licensed merchandise - which is technically what all fan art is - is illegal. The key is that normally for big companies chasing down someone making a couple of MLP items but not selling it as official and not selling it in mass/money making quantities is far below their notice. It doesnt affect their brand or their bottom line and it would cost them more to stop it then it would be worth. However there is a line at which some companies will react - different companies react at different levels and differently over different products. Sometimes its to protect their IP on the product, sometimes its to protect their licencees market.

Most people seem to operate the "until we are caught" theory as well knowing that only sometimes will C&Ds be issued.  However prior to FiM, Hasbro C&Ds to those who collected MLP was practically unheard of with only a couple of cases ever floating around. I think the scale of the fandom has brought with it the more watchful eye of Hasbro. And with them now selling G1 retro licensees they are probably watching every angle. I think the key is, if you start making something which Hasbro already make or already have issued licensees for then thats where trouble may come. But we should be thankful its Hasbro and not Disney and for all the C&Ds they issue now they do let the fandom as a whole away with a lot that other companies would clamp down on.