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So there's squeestorm going on here because the official My Little Pony page is using/possibly stole a background from Fighting is Magic (the game that stole Hasbro's IP and was consequently shut down). People are saying that Hasbro is now the thief and obviously still upset about Fighting is Magic's shut-down. Some are wondering whether this is a sign that Hasbro has come around and is now cooperating with the team that made Fighting is Magic (Mane6). I think it's just an honest mistake by a lazy page admin. Oh internet drama! How you amuse me! https://www.facebook.com/photo.php?fbid=695270117157095 #Hasbro !mane6
Tuesday, 13-Aug-13 07:48:01 UTC from web-
@pony I vote it's a mistake by a lazy admin. Mane6 would have said something by now if they began cooperating with Hasbro, which they wouldn't have after getting C&D'd by them originally.
Tuesday, 13-Aug-13 07:50:32 UTC from web -
@pony How can Hasbro have stolen something they themselves own? If you steal an apple from me, and I take it back, I am not "stealing" from you.
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@ceruleanspark I don't know copyright law, but I imagine that works of fanart count as their own original IP
Tuesday, 13-Aug-13 07:56:47 UTC from web -
@ceruleanspark even if they infringe on another's IP
Tuesday, 13-Aug-13 07:57:30 UTC from web-
@pony They in fact, do not. A work of art of a copyrighted character or setting does not magically become unprotected just because it was made, otherwise it'd be possible to effectively "open source" protected media just by making a copy.
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@ceruleanspark I'm assuming that the background used here is an original work of art or transformative parody, even if the game itself wasn't "transformative" enough to be considered its own IP, the background itself seems not to have any of Hasbro's IP in it, but rather to be only a very close imitation. Even if parts of the background do belong to Hasbro, does that justify their use of it with the parts they don't own (without artist's permission)?
Tuesday, 13-Aug-13 08:03:47 UTC from web-
@pony To quote one of Hasbros own C&D's (The one sent to shards of equestria) “Fan fiction” does not constitute any of the potentially protected fair use purposes, such as criticism, comment, news reporting, teaching, scholarship, or research. That you call your work “parody” does not make it so, nor does it mean that it does not infringe Hasbro and Wizards’ copyrights and trademarks. In fact, your use of the MY LITTLE PONY® and MAGIC: THE GATHERING® elements is not parody at all. Under well-settled law, a parody comments in some way on the copyrighted or trademarked work that it is copying. Your game, on the other hand, does nothing of the sort. Rather you simply use Hasbro’s and Wizards’ intellectual property to create a game from these characters and elements in order to “avoid the drudgery in working up something fresh.”
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@ceruleanspark They actually said that? I don't believe for a minute that the !mane6 team was avoiding drudgery by using characters they loved. I do think Mane6 crossed a line and the C&D was necessary to maintain the IP's protection, but, in the case of fanfiction/art, commentary can include admiration for the work through detailed imitation of style etc. and not only through whatever it is MAD TV does. I almost wouldn't pay much attention to this, but, as an artist myself I know the effort that goes into something like that background and I actually like that particular piece of art more than most of the screenshots in the show. Also, there are definite differences between what was made by the fan artist and what exists in the show if you look closely so I'm led to believe that it's not simply a tracing and even more than a re-drawing. http://goo.gl/KC4XY2 http://goo.gl/wPlA9y http://goo.gl/CKxuXS
Tuesday, 13-Aug-13 08:30:34 UTC from web-
@pony No, as I said, it's a quote from a different C&D. Unfortunately, not being a per-pixel duplication doesn't exempt a work from being protected, any more than slicing a signiture or watermark off of a picture makes it your own. Put simply, despite the internets belief to the contrary, laws are typically enforced in their spirit, rather than their specific wordings.
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@ceruleanspark ah right.. different thing.. yeah SoE was definitely way across the line.
Tuesday, 13-Aug-13 08:47:20 UTC from web -
@ceruleanspark I can't agree that the background they're using there is anything close to a tracing/revectoring from Golden Oaks Library screen shots. It appears completely unique to me, albeit the styles are similar, but even if a company were to take an use a fan artist's tracing of their show backgrounds, I don't see how that would be legal. They may have the right to stop the artist from publishing their tracing, but I don't see how it would be fair to take the work for themselves afterward. They pay their own artists to create backgrounds, so why shouldn't they compensate a fan similarly?
Tuesday, 13-Aug-13 08:54:57 UTC from web-
@pony @ceruleanspark a better comparison might be that Hasbro's marketing team gets paid to reuse the same tired vectors for things, so why shouldn't a fan artist be compensated?
Tuesday, 13-Aug-13 09:08:53 UTC from web-
of course, I think what happened on FB is likely just a lazy mistake like I said. I don't think the artist deserves compensation in this case unless they continue to infringe.
Tuesday, 13-Aug-13 09:11:11 UTC from web -
@pony I found what i think the artist used as reference. I still consider it a unique work however. http://mlp.wikia.com/wiki/Golden_Oak_Library/Gallery?file=DtD_LibraryInside.png
Tuesday, 13-Aug-13 09:26:01 UTC from web
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but I don't see any of hasbro's IP in that background per se. Is Twi's library in the show really so similar to the !mane6 background?
Tuesday, 13-Aug-13 07:59:53 UTC from web -
@ceruleanspark Does it fall under Hasbro's IP, if it's just background art that features no characters or simbology from the franchise, just somewhat emulating the artistic style?
Tuesday, 13-Aug-13 08:00:40 UTC from web-
@nerthos It's literally a redraw of a background from the show so yes. If they'd drawn a new room that hasn't been shown on-screen for their background then they might have a case that it constitutes original work, but it's literally the main room of Twilights house.
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@ceruleanspark I've never seen that view of her library, but I'm not particularly good at recalling that sort of thing. If you say so then I'll take your word for it, but the lighting and other design elements still may uniquely belong to the artist.
Tuesday, 13-Aug-13 08:05:30 UTC from web
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