Listing a licensed custom on eBay; what could happen?

Strawberry Fair

Strawberry Fair

Singing Sea Pony
Joined
Jun 7, 2005
Messages
1,317
I was just wondering: hypothetically, if someone were to make a custom that has pony with the Star Wars logo on it, or wearing a Darth Vader helmet, or a custom with a cartoon character as the symbols, etc..., what's the worse that could happen? eBay may pull it, but has anyone heard of a customizer getting into deeper copyright issues?

Just wondering.... ;)
 
I know I've seen licensed character custom ponies on ebay that didn't get pulled and went through, but I am assuming that if the ocmpany took offense there could be legal implications -- just I doubt many companies check for infringement via custom MLP's. I have heard of it occurring with other non-MLP stuff though, so, I think there is a risk, just a rather small one.
 
I've sold a Darth Vader custom on ebay, and nobody said anything. In fact, I never even gave it a thought, as it was made by me. *shrugs*
 
The copyriht law protects the creator from someone who takes the created item ans says "hey guys! I made this"
to get wround the law... Lets say its a small company looking to make knock-offs, to avoid getting a whoopin the item they want to put out has to be at lease 30% ot 50% different in some way.
Now your worried cause you pony will have starwars related symbol or darth helmet. I dont think you have to worry. its a pony, and just being a pony will give you the difference you need. that and I dont think they will bother to pay attorny fees to come after you for a pony.

If that were the case every person who wrote a starwars fanfic would be in the dog house. Its just too miniscule for them to worry about and thats even if they see it.

If your really worried about it. see what Ebay has to say about copyright, or ask them. you can even look up the copyright laws.
 
I guess if I clarify my paticular situation it might help a bit. I'm in the process of creating a series of Broadway-themed customs, some or all of which have official Broadway logos on them. I'm making set for myself and one that I would like to list on eBay to recoup my costs.

About a week ago, RUG (Really Useful Group, Lt, who owns most Broadway show rights) pulled another person's custom CATS ornaments from eBay. Which of course makes me worried that RUG is on the lookout for custom Broadway stuff.

...on the other hand, many of you are familiar with my G1 Phantom of the Opera (and Christine) customs. I made one duplicate Phantom custom, and sold him on eBay several months ago with no problems. However, since it didn't have a Phantom logo or image on it, I can see where it could be viewed as a legal takeoff of the Phantom from the actual novel, not show.

As much as I would dislike my auctions being pulled, I'm more worried about being suspended from eBay or getting in trouble with RUG if I list a series of ponies (maybe four to seven), not just one, at the same time (which I would definetly want to do).

Thoughts? Opinions? Am I looking too much into it? :lookround:


(P.s. I had wanted to keep my Broadway series idea to myself until they were all finished and ready for display, but for the sake of this thread, I felt it was necessary to clarify what I was talking about. To put it plainly, I would really appreciate if no one steals this idea; I would be a little ticked to sign on sometime in the next few weeks and see a customizer showing off a bunch of Broadway-themed customs. Not that anyone would, since all the members here are scrupulous and thoughtful people, but you know, better safe than sorry. ;))
 
SF - Now that you clarified a little, I can actually see where RUG would go after those using logos. As the logos (such as the My Little Pony heart logo) are copyrighted. I can totally see how they would go after someone painting a copywritten logo on something. If you are really unsure, perhaps contact RUG themselves and ask? I'd hate to see you put so much time and effort into a set, only to have the auction pulled. Perhaps you could email them, or even call them, to run your idea past them, and see what they say. That's what I would do.

It's sorta like my hubby's situation on a drawing he did for our church biker group. He named the group, and drew this awesome logo they now use. After he had it all drawn out, we found out the name he picked was actually in use by other Christian Biker groups. He felt like he had to start over, but I told him to let me look into it. I emailed the head of the actual chapter already using that name, told them exactly what he was doing and why, and they said it was perfectly fine. *shrugs* So maybe they don't care, as long as they get asked beforehand. Ya know? Best of luck! *hugs*
 
Baddoggies Lord of the Rigs customs were pulled from eBay beacuse she used the names of the charactors (Gandalf, Frodo etc) these are registered too, and so can't be used by other people. When she relisted them, she renamed them (Gandalf became 'Grey Wizard' I think) and that was fine. i think as long as you name them carefully, and the symbols etc aren't copyrighted, you should be fine.
 
I guess it does depend on the situation and what you're selling. I know many people who have sold Star Wars fanart on ebay and have never had a problem. They even sell them at comic conventions (I've done that too) and have never once run into any issues.
Keep us posted as to what, if anything, happens in your case!
 
I just finished a huge college research paper, and using what bit of knowledge I gathered, I would say you can use the logos as long as you credit them, "Bugs Bunny (C) Warner Bros. 1920" or something to that effect. At least then you're citing your source and claiming that you didn't create it. I guess you could also just bluntly say "The idea for the broadway themed ponies was my idea, but the charachters (and name them seperately) are (C) to (the companies they belong to all listed out) and are in no way mine, but are copyrighted and trademarked to their respective owners" or something similar. People use other people's work all the time (research papers, documentaries) but they have to cite their sources, or its plagarized.
 
Woosie had a set of her Harry Potter House customs pulled once. I bet she'll post what happened with that.
 
customs

Yep, my second Harry Potter house set of customs was pulled from eBay due to what they called keyword spamming or something like that. What it boiled down to was that it was a trademarked subject, which I totally understand...as technically I'm really not supposed to make something like that for profit. The thing is, you only get in trouble for things like that if someone reports you. I am convinced that a certain someone who has copied me before reported me as she had a set of Harry Potter ponies around the same time that she was having some trouble selling. All other Harry Potter custom items (not just ponies) that were listed around the same time as my ponies never got cancelled. I found that suspicious ya know? Could just be my paranoia and loathing for that certain someone making me think that though ;)

Anyway, all that happened was the auction was pulled and I got an email from eBay warning me not to keyword spam :p I then came to the MLPTP and sold the set for, I think, $400? Something like that.
 
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