Copyright shenanigans

[spark]

The person from this thread: http://www.customerssuck.com/board/s...ad.php?t=87147 is back.

And they still just don't get it. They commented today continuing the conversation about making a Lion King plush that they'd started earlier.

"Wait, could it be my fan made Lion King character?"

My reply: "Well, possibly. I don't mind doing original characters. But I wouldn't be willing (or really able) to make a plush in exactly the Disney style, it would be in my style."

"Could it be close to disney style? Also thats great! Good thing I thought of that, she looks just like Vitani but has ice blue eyes and a necklace"

*sigh* Look. I realize you really like this Vitani that you wanted a plush of, but changing her eye color does not make her your original character. Seriously. Original characters are ORIGINAL. If you can say "they look exactly like X" then it's not original. You do not get to claim it as your design when you've ripped off 99.9% of it!

So I replied: "No, it won't be close to Disney style, it will be my style. That's the style I make. And I'm *definitely* not willing to make a character that's "just like" a Disney character, when I say original character, I mean ORIGINAL character. I do only actual original characters, and characters whose owners allow fan art, that's all.
There are plenty of plush makers out there who are willing to copy Disney, if that's what you want."

"Oh alright."

Ugh.

Hopefully this is over. I really don't feel complimented or pleased by this at all. I mean I can't say that they're a fan or they like my art, since they obviously DON'T. Their clear disappointment when I won't throw my style out the window and do Disney style makes that pretty damn obvious.

And yes I am sometimes willing to copy something else, when it's legal, and when it's something I love, like ponies, but even then I'm at least getting to be creative in translating the 2-D designs to 3-D plushes, it's not like I'm copying Hasbro's pony plushes. (Those things are ugly anyway.) I don't love Lion King, and they are the MOST notoriously lawsuit-happy company out there. I'm not touching that with a 50 foot pole, changed eye color or not!

This whole thing just leaves a sour taste in my mouth.

[KatherineB]

*points at my sig*

[Squeaksmyalias]

I'm thinking you are a saint, cause it's got to take a lot to be so nice and to keep you from going whacky thud on these people's heads.

[Draco]

Looked it up, the original character has "electric blue" eyes. Yeah. Disney would smack you down if they found out :|

[Mongo Skruddgemire]

Considering that they have gone after people who used to do sketches of their characters and not asked for any monetary recompense...

Yeah I unserstand why you're not willing to make "a character that is totally like another Disney character but with a slightly different shade of eye coloration to make it my design."

[emax4]

...it's not like I'm copying Hasbro's pony plushes. (Those things are ugly anyway.)

Main topic aside, I'm wondering how many forum posters here read that and let out a huge GASP, just like Polaner All Fruit commercial:

http://www.youtube.com/watch?v=3xBydH93eDY

[spark]

Main topic aside, I'm wondering how many forum posters here read that and let out a huge GASP, just like Polaner All Fruit commercial:

http://www.youtube.com/watch?v=3xBydH93eDY

Have you SEEN an official Hasbro pony lately?

This is Twilight Sparkle:
http://images.wikia.com/mugen/images...t_Sparkle.jpeg

This is her official Hasbro plush:
http://ecx.images-amazon.com/images/...BL._AA300_.jpg

I haven't made a Twilight Sparkle yet (it's on the list though) but here's a fan-made plush by one of my fav. plush makers:
http://browse.deviantart.com/?qh=&se...plush#/d4t31ku

And those three pics explain right there why there's a huuuuuuuuuuuuuge market in fan-made pony plush. Well, that and the fact that Twilight and Pinkie Pie are the only ones Hasbro has made so far.

[Merriweather]

Considering that they have gone after people who used to do sketches of their characters and not asked for any monetary recompense...

."

Yeah, they've even gone after people selling items at craft fairs that are machine embroidered with Disney characters - the characters that legally came on the embroidery machines themselves. You can make those for yourself, and even giving them away is a gray area, definitely can't sell what you make on your embroidery machine who's main selling point is that it comes with liscensed Disney desaigns built in.

To be honest, I'm surprised I haven't gotten a cease & desist order on my screen name (chose it way back when planning a Disney vacation, & everyone on the planning sites had Disney related names).

[Kanalah]

Around here we have 2 very rabid colleges with equally rabid fans.

You're guaranteed sales if you have or make something in the school colors with the logo on it. They even print fabric with the logo/mascots on it.

Only problem is that you can't legally sell anything handmade with the logo/mascots on it, even if you make it from their fabric (which is $5-8 per yard more then even top quality quilting fabric).

The only way they'll allow you to do so is by buying a $250 license, per school, per year. So that's $500 spent before I can even make anything.

Plus if they're out and about and spot you selling, they ask for your paperwork. If you don't have it with you, they seize your merchandise.

And people wonder why I don't make collegiate merchandise.

[Kristev]

My work doesn't have those kinds of problems.

I fact problems of a considerably different kind.

[spark]

Around here we have 2 very rabid colleges with equally rabid fans.

You're guaranteed sales if you have or make something in the school colors with the logo on it. They even print fabric with the logo/mascots on it.

Only problem is that you can't legally sell anything handmade with the logo/mascots on it, even if you make it from their fabric (which is $5-8 per yard more then even top quality quilting fabric).

The only way they'll allow you to do so is by buying a $250 license, per school, per year. So that's $500 spent before I can even make anything.

Plus if they're out and about and spot you selling, they ask for your paperwork. If you don't have it with you, they seize your merchandise.

And people wonder why I don't make collegiate merchandise.

That's just silly.

I was half through through a more detailed essay on my opinion on large entities like corporations and colleges and copyright, and then realize I was probably getting into fratching territory. :P I have some strong opinions on the subject! But I shall leave them unsaid.

I will say that I do rather wish more people were educated about things like copyright law, basic economics, etc. It'd make life easier for me, at least!

[Kanalah]

I actually was involved in a rather lively debate about that in a vendor group I'm in. All of them are handmade vendors and I was surprised that over half of them follow the "It's not a problem as long as I don't get caught" philosophy.

I've been at shows where the school authorites have seized whole booths of stuff. I've also seen where people who work for the school (And are not autherized to seize) ask people for thier paperwork and then steal merchandise.

Not even mentioning that with the cost of the fabric so high. (We're talking $17 - 25 per yard) That if I did make quilts, they would cost more then my regular quilts and then I'd get bad hagglers again.

I'd rather avoid that entire hornet's nest.

[PepperElf]

Only problem is that you can't legally sell anything handmade with the logo/mascots on it, even if you make it from their fabric (which is $5-8 per yard more then even top quality quilting fabric).

i was wondering about that for the disney stuff. but i'm sure it's the same for them too.

[Shalom]

Yeah, they've even gone after people selling items at craft fairs that are machine embroidered with Disney characters - the characters that legally came on the embroidery machines themselves. You can make those for yourself, and even giving them away is a gray area, definitely can't sell what you make on your embroidery machine who's main selling point is that it comes with liscensed Disney desaigns built in. .

There has to be some kind of legal verbiage included somewhere on or in the machine's packaging regarding the licensing of the images, telling what you can and can't do with them. I wonder how many people who would otherwise have bought the things, if they knew about the restrictions, would leave them on the shelf instead.

Not to mention, I seem to remember a ruling (regarding computer software, but the concept's the same) that an EULA that's inside the package so you can't see it until you open the package isn't enforceable. At the least, if they buy the machine and decide that they don't want it because they don't or can't agree to the licensing terms, they should be allowed to return it for a full refund.

[Peppergirl]

I actually was involved in a rather lively debate about that in a vendor group I'm in. All of them are handmade vendors and I was surprised that over half of them follow the "It's not a problem as long as I don't get caught" philosophy.

And these are the types that would inevitably scream and wail the loudest if they got caught and their merch subsequently seized.

Not that it's not a stupid rule (it is), but not following it is just asking for trouble.