Now I have a question that I just can't get an answer to and was wondering what you guys thought about this: When it comes to fan made content such as Winter's F***ed Up, Double Rainboom and Lullaby For a Princess, how are fans able to use the characters and names without pissing off Hasbro? Or is that considered Fair Use? Copyright Infringement? I am just confused on that whole thing. I would like to start making videos myself so I just want to see what other advice other Brony's have for me
If it doesn't involve the circulation of finances, it's often covered under fair use in the case of fan-made content. There are some gray areas that can definitely swing in favor of the copyright holder, but usually with Hasbro it's fine.
Ok so monetizing any videos are out of the question, huh? Either way that is cool with me. Everything would be created from scratch for what I am playing such as animation and stuff. I just don't want to get in trouble for using any of the characters from the show or their names
Sometimes not even monetization is the problem. I mean, Fighting is Magic was meant to be a completely free project for the fandom to enjoy, but Hasbro shot the idea down "defending their trademark" As far as anything else on it, I'm not a legal person, So I don't want to say anything else on the subject but to just watch what you do.
That's what I was thinking as well. Everything I create would be complete from scratch including animation, voice acting and songs. The only thing I would use are characters names and probably their design. I may have my lawyer contact haasbro just in case to get permission to create this so I don't get bit in the ass for it lol
Hasbro seems to consider public relations when it decides to shut something down, not just monetization or copyright. If they shut down every little project or fan video that was made as a labour of love, they'd face a rather severe backlash. On the other hand, things like Fighting Is Magic go directly against the spirit of the show, and as such I wasn't surprised when they got served. It seems to be a weighing of how much damage will happen if they allow it to continue versus how much damage will happen if they put a stop to it.
They DID seem to be dishing out a lot of C&Ds at the time though. They were kinda "pick and choose" with it though. Double Rainboom was a WAY bigger project with months of promotion whereas Jan Animations' shorts with Button Mash got the C&D. Of course, it has since been withdrawn but I have wondered myself what criteria had to be met in order to constitute actions or lack thereof.
Double Rainboom was an animation school final project, and the creator sought out and received permission from Hasbro to make it.
I can't really say how many have permission to do those things, which is why i steer clear of analogy and the like as hose are often targets of copyright.
