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Hasbro steals from Mane6?

P51Mustang

By P51Mustang
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P51Mustang C-Mark Crusader

P51Mustang

Posted
Posted

http://equestriaconfidential.co.uk/hasbro-stealing-fighting-is-magic-artwork/

Huh...well, this could be interesting. Although Mane6 would have to prove beyond a shadow of a doubt that this is their property that Hasbro is using, and I dunno if the Mane6 could do anything, legally.

I'm not a legal expert...I just take care of dogs. :???:

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starswirlthebearded Wonderbolt

starswirlthebearded

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No. They aren't stealing, technically speaking. It is really hard to steal from your own IP. They should give credit if they are using the designs of mane6, but mane6 used without permission Hasbro's IP. Put simply it's their property and they can lay claim to basically anything. Mane 6 knew they were recreating parts of an IP owned by someone else. It would be nice if Hasbro gave compensation or at least recognition to the artists for their work, but in the end their work wasn't fully original, only derivative. And therefore falls squarely in Hasbro's legal grasp. If it was an oc or original location or something similar in nature, they'd have something, but this isn't the case.

PS: Yes, copyright and trademark laws stink at times.

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kinkamina Crazy Oatmeal

kinkamina

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No. They aren't stealing, technically speaking. It is really hard to steal from your own IP. They should give credit if they are using the designs of mane6, but mane6 used without permission Hasbro's IP. Put simply it's their property and they can lay claim to basically anything. Mane 6 knew they were recreating parts of an IP owned by someone else. It would be nice if Hasbro gave compensation or at least recognition to the artists for their work, but in the end their work wasn't fully original, only derivative. And therefore falls squarely in Hasbro's legal grasp. If it was an oc our original location or something similar in nature, they'd have something, but this isn't the case.

PS: Yes, copyright and trademark laws stink at times.

It doesn't make it hurt any less.

:(

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Needlemouse Parasprite

Needlemouse

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"So, you remember that really ambitious project all the fans were getting riled up over? The fighting game, I mean."

"Oh yeah, that thing we C&D'd. ..What about it?"

"So apparently Gary was setting up the Facebook page and decided to use artwork from that same project."

"..Huh. Should we, ah..?"

"Yeeaahh, I think we probably should. We're still getting hatemail just for the C&D and Alicorn thing. I don't think the guys in the mailroom can take much more before they're swimming in the stuff."

"Right."

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elsporko 20% Cooler

elsporko

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I think it's a high compliment to the original artists. It's also rather funny, because I don't think Hasbro did this on purpose.

I imagine it was a minor task given to some low level employee or intern who made the decision to use the assets either as a joke or because he didn't know where they came from.

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  • 2 weeks later...
starswirlthebearded Wonderbolt

starswirlthebearded

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So, they stopped production on Fighting is Magic, and claimed all properties therein! Who's going to tell Mane6 about this?

All properties therein, save the Real Engine, already belonged to Hasbro. Except maybe the music... And even that I think was derivative in nature if memory serves.

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  • 6 months later...
PrinceKeptu C-Mark Crusader

PrinceKeptu

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No. They aren't stealing, technically speaking. It is really hard to steal from your own IP. They should give credit if they are using the designs of mane6, but mane6 used without permission Hasbro's IP. Put simply it's their property and they can lay claim to basically anything. Mane 6 knew they were recreating parts of an IP owned by someone else. It would be nice if Hasbro gave compensation or at least recognition to the artists for their work, but in the end their work wasn't fully original, only derivative. And therefore falls squarely in Hasbro's legal grasp. If it was an oc or original location or something similar in nature, they'd have something, but this isn't the case.

PS: Yes, copyright and trademark laws stink at times.

All in all, that statement is incorrect. MLP in all rights belongs to the Creator. Hasbro just likes putting their names on things.

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starswirlthebearded Wonderbolt

starswirlthebearded

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All in all, that statement is incorrect. MLP in all rights belongs to the Creator. Hasbro just likes putting their names on things.

You don't understand how Intellectual Property [iP] works... Bonnie Zacherle, the Creator (as you call her) of My Little Pony created My Little Pony while working for Hasbro in the 1980s, expressly for development as a Hasbro line of toys. So, therefore, since she did it at the behest of Hasbro, she has absolutely zero claim to the property. What she DOES have is a lovely patent [according to wikipedia] "for "an ornamental design for a toy animal." While I'm certain she is getting money from that, she does not own anything of the IP of My Little Pony, as Hasbro was the one that developed it, despite her actually creating it. That is how IP works. The people who designed the iPod while working for Apple under Steve Jobs DID in fact create the thing, but they can't release a copy and say "HEY I MADE THIS" without Apple suing them for infringement.

In all likelihood, to put a further nail in the coffin, and for the legal people to ensure there were no issues, there was probably a clause that said "anything created by the undersigned while employed will be the property of Hasbro, Inc." It is very common in those kinds of contracts. End of the day, she does not own it, Hasbro does and no one else. They MIGHT still compensate her, but they are under no obligation to, I assure you that.

If you want proof of this... http://www.hasbro.co...p/brandlist.cfm they own the brand. Done end of story.

And in case you don't get the concept still... http://en.wikipedia.org/wiki/Intellectual_property

" Common types of intellectual property rights include copyright, trademarks, patents, industrial design rights, trade dress, and in some jurisdictions trade secrets."

From Hasbro.com : "© 2014 Hasbro. All rights reserved. All audio, visual and textual content on this site (including all names, characters, images, trademarks and logos) are protected by trademark, copyrights and other Intellectual Property rights owned by Hasbro or its subsidiaries, licensors, licensees, suppliers and accounts. By using this site, you agree to the Terms and Conditions of Use."

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moonshineTheleocat Equestrian

moonshineTheleocat

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Many games that allows for modding also has it's users abide by the policies to prevent future lawsuits on the developers, or the modder. Some communities like Second Life even requires you to certify on their web page first before creating anything in mesh.

This also goes with companies as starswirl stated. The guy who created sticky notes could have made a fortune, though sadly he was under clock of Scotch. The work is patented under his name (this is where it gets weird) however, only a particular part of it is to him. The actual IP rights belongs to Scotch.

Only time you can really call it legally stealing is when you have this below.

If you work for a business who focuses on creation/development you are sometimes offered two methods of payments. Your salary is severely lowered if you decide to keep the rights, and this makes it where you can make far more than the company is willing to pay you in Salary form by Royalties, or you stay safe and keep your pay, and the IP goes to the company instead.

The patent, when it comes to the court of law has to be very specific, and describes the method. Any deviation from that method will generally mean that the case is lost for the patent holder. So you can't just hold the general idea of a smart phone. You need to describe everything about it.

And... I believe they are allowed to use your OCs as well. They will generally ask for permission first, but you won't expect a pay for it. They don't have to ask for permission however.

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  • 4 weeks later...
CDiscord Rock Farmer

CDiscord

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PS: Yes, copyright and trademark laws stink at times.

They were written over a century ago and have recieved minimal worthwhile edits with consideration for the internet or any kind of modern technology, that aren't trying to grant greedy coorporations full control of the entire trademark law system, as we continue to see with SOPA and all of its' hellish demonspawn; even 'it stinks all the time' is an understatement xP

I believe I recall seeing this at least once, when it was first published. Ah well. It does milidly stink for Mane6, but hey, at least those fans who care to resort to chilidish 'nah nah!' moments, can relish in the fact that the Tribute version of Fighting is Magic got onto the internet despite the C&D's best efforts. It's on the internet, now, and as we all know, one does not simply put the lid back on Pandora's Box.

* Though, the chances that Hasbro cares a whole lot is small. Even if it is out there on the internet, and rouge developers are working on it, thanks to their C&D, FiM is more or less ostracized and banned from any large-scale public use, which puts it out of Habsro's immediate concern. It's 'off the public's radar', as it were. Which has been the focus of pretty much all their C&D's. Retardedly popular, retardedly highly-proffessionally done works that easily get mistaken as official content. I.e, that online game from way back, Fighting is Magic, Jan Animations, etc.

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