Fantasy vs Counterfeit
I very much remember when this was the definition of a fantasy pin, then took a break from pins and came back to find that "fantasy pin" is used to refer to any pin that isn't an official Disney pin, but long gone is the attempt to even hide it being a Disney character...A fantasy pin is one that often is juuuust this side of legal, but does not violate trademark or copyright. It often is suggestive or indicative of a theme or character, coming right up to the line, but not crossing it. And of course, any pin that doesn't come close to approaching Disney's trademarks (like our old DPF logo pins or the even-older Dizpins logo pins) would be considered fantasy pins. Does that make sense?
I guess @hopemax summed up my view on this pretty well. Probably Disney allows because it would be too much trouble to fight all of the small producers of fantasy pins/art/etc.
What about parody law. For example... Spaceballs is a parody of Star Wars. I don't believe Mel Brooks had to license his parody and pay something to Lucas Films LTD, but we could all see the similarities. Is there is some sort of parody law that might apply for 'some' pins which could be considered a parody of Disney intellectual property? So a parody might actually be legal... but most fantasy pins are not parodies.
Just want to state... not jumping on anyone...Can I just say that the people who typically work really hard on thier fantasy pins dont condone that at all. In most pin circles remaking a pin is a huge no no. And before anyone jumps on me for that saying all fantasy pin stuff is theft fine, I dont care. (Not directed at anyone who has already posted)
I guess @hopemax summed up my view on this pretty well. Probably Disney allows because it would be too much trouble to fight all of the small producers of fantasy pins/art/etc.
What about parody law. For example... Spaceballs is a parody of Star Wars. I don't believe Mel Brooks had to license his parody and pay something to Lucas Films LTD, but we could all see the similarities. Is there is some sort of parody law that might apply for 'some' pins which could be considered a parody of Disney intellectual property? So a parody might actually be legal... but most fantasy pins are not parodies.
No it's cool! I didnt want @hopemax to think I was attacking her either!Just want to state... not jumping on anyone...I don't have an oar in this race. I'm am just trying to ruminate thoughtfully on this topic. I find fantasy pins curious (since I typically fall into the goody goody two shoes category of people.) Those fantasy producers have some balls to risk taking on Disney... so good for them. They are just violating the law. All of us do this sometime... how about going 65 in a 55 speed zone (I am usually pushing this one to 69... I love to go fast)? Removing my inner justice queen (Disney doesn't need me to defend them from theft) from these thoughts, since we all are free to decide for ourselves where we are going to push societal limits/laws.
No it's cool! I didnt want @hopemax to think I was attacking her either!
For the purpose of discussion, I guess I want to know more about what makes you (or any artist) different from Disney (as a producer of art)? If someone takes YOUR art and copies it, you would be really upset, I would think. And your fans would be really upset. It's hard to get your name out there enough to make a name, and even harder to make a business of it. Or like TornadoTitan has a distinctive style. But if I went out and started making my own TornadoTitan or Romancing Train style stuff, people wouldn't give up collecting your stuff for my stuff, even if mine was better (no worries here, you should see my sketches we did for the pin event). I'd be ripped for encroaching on what you had worked so hard to build, and I'd get black-balled. But with Disney's IP, there are always all sorts of justifications and toleration, and some people have given up on Disney almost entirely and going with the fan-produced stuff.
It's just, "Disney didn't do X and I really want one, so I'm going to make one. And I'm not going to make one just for myself and my nearest and dearest friends, but I'll sell it for whatever and to whoever I can."
I just got in touch with eBay, they said that regardless of what the seller claims, I will be receiving a full refund once I return the item. So it's out in the mail. I'll have to start keeping an eye out for the real deal.=I'm not sure what I'd do in your situation. The refund may not be entirely worth it, but depending on where the seller was selling, I wonder if you could contact the site's admins and explain the situation to get a 100% refund, but also wonder if it's worth posting a PSA on another group, to warn people of a seller who's selling counterfeit pins.
This is an interesting thing I too have noticed.some people have given up on Disney almost entirely and going with the fan-produced stuff.
I guess @hopemax summed up my view on this pretty well. Probably Disney allows because it would be too much trouble to fight all of the small producers of fantasy pins/art/etc.
What about parody law. For example... Spaceballs is a parody of Star Wars. I don't believe Mel Brooks had to license his parody and pay something to Lucas Films LTD, but we could all see the similarities. Is there is some sort of parody law that might apply for 'some' pins which could be considered a parody of Disney intellectual property? So a parody might actually be legal... but most fantasy pins are not parodies.
I'm certainly not a lawyer or anything approaching a legal expert, but I believe that parody and satire generally is protected under the first amendment as forms of free speech. I'm not sure if that changes when profit from intellectual property enters the equation, but I have a feeling (I could be wrong) that the first amendment would supersede that. The problem is that, as stated above, the hypothetical fantasy pin would clearly have to be a parody or satire ... and many of them most definitely are not.I guess @hopemax summed up my view on this pretty well. Probably Disney allows because it would be too much trouble to fight all of the small producers of fantasy pins/art/etc.
What about parody law. For example... Spaceballs is a parody of Star Wars. I don't believe Mel Brooks had to license his parody and pay something to Lucas Films LTD, but we could all see the similarities. Is there is some sort of parody law that might apply for 'some' pins which could be considered a parody of Disney intellectual property? So a parody might actually be legal... but most fantasy pins are not parodies.
That's wonderful, I'm so glad it worked out for you. Thanks for the update.In case anyone is curious, I just managed to get a full refund on the pin.
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?
We use cookies and similar technologies for the following purposes:
Do you accept cookies and these technologies?