Copyright question "Nintendo"

[SynthetiKat]

I was going to make and possibly sell some jewelry but I am not fluent in copyright laws at all. Not to mention so many people make and sell Super Mario Brothers and Zelda handmade items. So would it be considered copyright infringement? I am assuming yes because I would be making money off of the design of a company. Even if it is my own interpretation or whatever. But to avoid getting in trouble I probably won't be selling anything of this sort at the time.

Ugh. Confusing stuff. Especially after seeing sooo many copyrighted, handmade items for sale.

Any info anyone would give me or anything anyone can clear up for me would be awesome.

[ikickshins]

Yes, it's copyright infringement.

[SynthetiKat]

I figured as much. Thanks.

Sad that so many people do that and get away with it. I couldn't do something like that. My moral standards are too high and I'd feel guilty.

[gosling]

I emailed Nintendo a few years ago to ask about a Zelda tattoo that i wanted. They replied and said they couldn't give me permission but they're aware that so many people have such tattoos. They basically said they don't endorse it and they don't encourage me to get anything related to Nintendo on my body, but they knew that a huge volume of people get those kinds of tattoos all the time anyway.

I'm not sure products would be the same but yeah.

[rivetlicker_]

I emailed Nintendo a few years ago to ask about a Zelda tattoo that i wanted. They replied and said they couldn't give me permission but they're aware that so many people have such tattoos. They basically said they don't endorse it and they don't encourage me to get anything related to Nintendo on my body, but they knew that a huge volume of people get those kinds of tattoos all the time anyway.

I'm not sure products would be the same but yeah.

I actually emailed Insomniac games about the same deal because I wanted to get Ratchet & Clank tattooed. This is what they said:

Hi there,

As long as you aren't making money or selling our logos or designs, it's
generally fine to use them! We hope you get the tattoos and then send us
pictures!

Thanks!
Insomniac Games

[MistressH]

thing is though the tattooist is making money out of a copyrighted image!

im not really sure if copyrighting in tattooing could ever be completely enforced though really!

[elliss_seven]

I emailed Nintendo a few years ago to ask about a Zelda tattoo that i wanted. They replied and said they couldn't give me permission but they're aware that so many people have such tattoos. They basically said they don't endorse it and they don't encourage me to get anything related to Nintendo on my body, but they knew that a huge volume of people get those kinds of tattoos all the time anyway.

I'm not sure products would be the same but yeah.

Who cares what Nintendo says! I have a green 1up mushroom on my wrist. What can they do about it. Heheh.

As for making Nintendo-related crafts, I know it's technically 'infringement' but look at all the people who bootleg Hello Kitty [like the people who make/sell HK clay beads & whatnot]. Nintendo has better things to do with their time instead of calling out people who use their characters so ohh well.

Same goes for people who make their own buttons with hand-drawn images of Final Fantasy characters sold at conventions. ..I don't see anyone going after them. And what about the people who make/sell cosplay outfits. So I say knock yourself out!

[MistressH]

my friend was threatened by the bbc legal department once. she went on to have a gib piece about her crafts in the guardian and various other bits and bobs she was almost famous by the end of it still ti was a very very stressful time for her!

[elliss_seven]

Check out all the homemade Nintendo goods on Etsy: http://www.etsy.com/search_results.php? ... o&ref=auto
And there's twice as much Hello Kitty: http://www.etsy.com/search_results.php? ... ello+kitty

[BioMekanisk]

I remember I used to work on falls with a girl who wanted to add game system bits to her falls and title them with such parts, such as XBOX 360 falls,PS3 falls. I worried about infringement, but you have a point, post above me: They arent going to hunt us down for things like that. It'd have to be HUGE to attract their attention, like they're losing a lot of money to take notice.
Creative idea, however, I've yet to use it. I dont feel like taking apart my systems when they still work fine. n_n
By the way, would that count for bands?
Not entirely too sure on that one.

On a side note:
I'm going to get the DOOM logo tattoed on me eventually, and I dont intend on asking the guys from ID about it n_n

[MissFrankie]

I have Zelda tattoo's... and a Final Fantasy tattoo... yikes.

[Aricyn]

I'm pretty sure it would cost them more money to go after some tiny business making Mario bros beads than it would be worth.. unless it was a line of product that Nintendo them selves market i doubt it would even reach their radar

[iamdolleyes]

this is one of those 'everything I need to know I learned in kindergarten" phrases

Just because someone else is doing it, doesn't make it right.


if you are creating things to sell using a trademarked or copyright protected image, logo, or brand. yes it is copyright infringement and yes you can receive a cease and desist letter

It drives me nuts when people look on etsy as 'proof' that it is ok. It isn't!

Sanrio, for example, regularly goes after small individual people selling hello kitty items. In fact, they go after people selling items sewn with hello kitty BRAND fabric, because it is well within their rights to do so - you may purchase their fabric but the rights associated with that actually stop at the personal level. that's just the way it is, if you don't like it - don't purchase it. Many times the people they go after for this are using actual words like "hello kitty" and "sanrio" in their words, I am not sure if there is a distinction between items made with their products (stickers, fabric, etc) which are sold WITHOUT listing the brandname, and ones sold using the brand name, so honestly I cannot comment on that specifically.
Coke is another one that regularly sends cease and desists to individuals making and selling items from their bottle caps, for example.

See, using a company's logo (even if you are a fan) still is using their logo, and they have a right to determine how and when and by whom their licensed image is used.

tattoo's are tricky, because first of all, if anyone is breaking the law by using the image - its the tattoo artist, and not you (you did not receive money to be tattooed) however I have yet to hear of companies actually going after anyone regarding a tattoo. If you have, I'd love to hear about it (yes, I'm geeky) Because of this, I hardly consider "well my friend has a nintendo tattoo, so it must be ok to make nintendo brand jewelry and sell it" a good understanding of copyright law. Personally, I just think tattoo's are a hassle that no one wants to bother with (I mean what would the cease and desist to the wearer look like - please laser it off? I mean really, there's no logical recourse there). Not that I think anyone here is using that logic, just rambling here in my thoughts, because I'm not 100% on the legality of tattoo and copyright...but now that I think about it I'm curious and am probably going to do more research

the other time things get tricky is when you start to look at fair usage under parody or satire, but safe to say if you are asking if its ok to make items using someone logo and sell them you are not likely going to be falling under parody or satire, so I wouldn't worry too much about this from an 'etsy store' point of view

Rest assured, just because these sellers are still selling isn't because its legal - its because the companies have yet to send them a cease and desist.

[MissFrankie]

Tattoo's are a funny one. Personally, I don't think that Square Enix would come after me because I have a moogle on my arm. It's one thing if I walk into a studio with something I like and give it to an artist to interpret into his own style but if the guy that's tattooing me had a whole range of Copyrighted images in his portfolio that he was marketing to the public as his own designs and specializing in game related tattoo's then I think that would be a whole different story because he'd be making money off some elses idea's. I think that's where I'd draw the line because it just seems immoral.

[lustfullocks]

i honestly don't even think it's possible for someone to come after someone with a tattoo of a copy written character. That's like going after people who draw pictures of pokemon.. and you know how many people probably do that in the world? I can't believe nintendo's reply, they kinda seem like dicks. If it was me, i'd love to see my company's work branded on people, that's like free advertisement.. lol!

[tazzyface]

Yes, it is illegal. You wouldn't want someone stealing your images and using them to make a profit, so why use someone else's...?

[iamdolleyes]

i honestly don't even think it's possible for someone to come after someone with a tattoo of a copy written character. That's like going after people who draw pictures of pokemon.. and you know how many people probably do that in the world? I can't believe nintendo's reply, they kinda seem like dicks. If it was me, i'd love to see my company's work branded on people, that's like free advertisement.. lol!

well that was my point, the person with the tat on the arm didn't break any laws - the person charging for the art would be the one (the artist) however, I'm not 100% sure about that whole 'artist's rendition thing' and i need to research it much more before having a definitive answer on it.

however, that is why they HAVE to reply like that..because they probably have a legal team working to protect their trademarks, and if you don't protect them you lose them, so while they can't say "SURE GO AHEAD" they in all honesty probably don't care about tattoo's one way or the other.

it is also, not anything like going after people who draw pokemon....because me and my sketchbook in my house (for example) am not charging money for anyone to look at it, nor am I making money for it.

the place you draw the line at is actually PROFIT. so no, its not the same at all.

[VixenSingsBlack]

i honestly don't even think it's possible for someone to come after someone with a tattoo of a copy written character. That's like going after people who draw pictures of pokemon.. and you know how many people probably do that in the world? I can't believe nintendo's reply, they kinda seem like dicks. If it was me, i'd love to see my company's work branded on people, that's like free advertisement.. lol!

well that was my point, the person with the tat on the arm didn't break any laws - the person charging for the art would be the one (the artist) however, I'm not 100% sure about that whole 'artist's rendition thing' and i need to research it much more before having a definitive answer on it.

however, that is why they HAVE to reply like that..because they probably have a legal team working to protect their trademarks, and if you don't protect them you lose them, so while they can't say "SURE GO AHEAD" they in all honesty probably don't care about tattoo's one way or the other.

it is also, not anything like going after people who draw pokemon....because me and my sketchbook in my house (for example) am not charging money for anyone to look at it, nor am I making money for it.

the place you draw the line at is actually PROFIT. so no, its not the same at all.

To a certain extent, it's good for sellers to "steal" copyrighted material (characters, symbols, etc) and re-sell. It's like free advertising for the company "stolen" from. So I think to a certain extent, they let it go on because of that. Not that it makes it any more legal though. Walking around with a big fat tattoo of Mario on your bicep is simply like saying "I love Nintendo!" What better advertising is there?

[iamdolleyes]

totally! however I think that is fairly limited to the tattoo world. I mean really, how big of a jerk would a company look for fussing over a 1up mushroom on someone's arm you know? I just don't think its worth the negative publicity for them, so its kind of a 'don't ask us for permission..just do it and send us pictures' type of situation there. I mean hey, there have been cases of companies actually PAYING someone to use their head as a tattoo billboard. so obviously it works on some advertising level!