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Hello A_B! 
I hope I'am submitting this correctly.

I recently started a new business where I can print on shirts,bags, etc. There is a certain anime I have grown very fond of and in this anime there is an emblem that the main character has. I was concerned about printing this emblem on shirts and selling them. Would it be against copyright laws? 

I have seen buttons and various other items on Etsy with the same image being sold...So I figured maybe it was okay! But I still want to be on the safe side so I figured I would ask you guys since you seem very wise :).

I dunno if it will matter much but the anime is called "Tiger and bunny" and the emblem is this http://plamoya.com/bmz_cache/d/d984b749dc6799e97f12b7a3fdd9dac6.image.500x500.jpg

T
hank you guys so much for your time!

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Comments

( 47 comments — Leave a comment )
lovelesskiax
Jul. 30th, 2012 11:04 pm (UTC)
I think it's basically along the lines of regular fan art: It's technically illegal, but the company won't step in as long as you aren't cutting into their own profits.
slushienyappy
Jul. 30th, 2012 11:07 pm (UTC)
So do you believe I would get in trouble for it? Or be given a bad name?

I really don't want to upset the company that made the anime or anything haha!

Also thank you for your reply n.n
(no subject) - eveshka - Jul. 30th, 2012 11:12 pm (UTC) - Expand
(no subject) - slushienyappy - Jul. 30th, 2012 11:15 pm (UTC) - Expand
(no subject) - chronidu - Jul. 30th, 2012 11:16 pm (UTC) - Expand
(no subject) - slushienyappy - Jul. 30th, 2012 11:18 pm (UTC) - Expand
(no subject) - chronidu - Jul. 30th, 2012 11:23 pm (UTC) - Expand
(no subject) - celestinaketzia - Jul. 31st, 2012 03:10 am (UTC) - Expand
(no subject) - slushienyappy - Jul. 31st, 2012 03:32 am (UTC) - Expand
(no subject) - thistle_chaser - Jul. 31st, 2012 03:28 pm (UTC) - Expand
(no subject) - lovelesskiax - Jul. 30th, 2012 11:40 pm (UTC) - Expand
(no subject) - slushienyappy - Jul. 30th, 2012 11:44 pm (UTC) - Expand
chronidu
Jul. 30th, 2012 11:14 pm (UTC)
Technically yes, reproducing this trade marked character/emblem/art would make it illegal to make and sell, especially in a case like this where its potentially mass reproductions as apposed to a one of a kind piece.

Whether the company will come after you over it, who knows, it's really on you if you want to sell a product that is not trademarked by yourself, but in the off chance the company steps in, you would be guilty on all parts and essentially at their mercy of what they want to do legally.

Out of curiosity, are you even making the emblem yourself?
slushienyappy
Jul. 30th, 2012 11:17 pm (UTC)
Ah thank you for telling me!
I really wouldn't want to upset anyone. I'm glad I came here before I took it any further.

Also no I'm not. I was just doing like on Etsy and using the same image. But all because etsy does it doesn't make it right haha! That's another reason I came here.
(no subject) - chronidu - Jul. 30th, 2012 11:22 pm (UTC) - Expand
(no subject) - slushienyappy - Jul. 30th, 2012 11:23 pm (UTC) - Expand
iinkwell
Jul. 30th, 2012 11:34 pm (UTC)
This is a bit of a touch and go subject.
Considering at cons, people make 'fanart' stickers and buttons and sell them all the time and never seem to get repercussions.

That's only IF you're remaking the image and not just copy-pasta-printing their version of the image straight from the net.

Doing THAT could get you in major trouble. But the printed stickers/buttons that you've done of fanart yourself rarely ever get you into trouble, unless you're dealing with Hussie and the Homestuck company at large.
slushienyappy
Jul. 30th, 2012 11:39 pm (UTC)
I actually didn't draw the emblem myself so I know now that I did wrong >.
(no subject) - chronidu - Jul. 30th, 2012 11:43 pm (UTC) - Expand
(no subject) - slushienyappy - Jul. 30th, 2012 11:46 pm (UTC) - Expand
(no subject) - iinkwell - Jul. 30th, 2012 11:57 pm (UTC) - Expand
(no subject) - slushienyappy - Jul. 31st, 2012 12:00 am (UTC) - Expand
(no subject) - chronidu - Jul. 31st, 2012 12:13 am (UTC) - Expand
(no subject) - slushienyappy - Jul. 31st, 2012 12:16 am (UTC) - Expand
(no subject) - mottenfest - Jun. 7th, 2013 06:06 pm (UTC) - Expand
ljmydayaway
Jul. 31st, 2012 12:13 am (UTC)
As long as Funimation isn't the one releasing Tiger and Bunny in the US, then you're not likely to get sued.

The rest of the anime companies are too small and really can't afford to sue anyone. Even if they did, they'd send you a Cease and Desist letter before wasting money to sue you over tiny sticker profits.
slushienyappy
Jul. 31st, 2012 12:18 am (UTC)
I forgot which company is releasing it DX. But I think I'll stay away from any profitable things of it n.n. I'll just make stickers to give out for free! Hopefully it will make an anime kid happy!
(no subject) - xenafox - Jul. 31st, 2012 01:18 am (UTC) - Expand
(no subject) - slushienyappy - Jul. 31st, 2012 01:19 am (UTC) - Expand
(no subject) - moonplanet - Jul. 31st, 2012 09:10 am (UTC) - Expand
(no subject) - slushienyappy - Jul. 31st, 2012 01:11 pm (UTC) - Expand
(no subject) - paulownia - Aug. 5th, 2012 01:06 am (UTC) - Expand
hellebore
Jul. 31st, 2012 02:06 am (UTC)
Ifs and buts aside, it's not something I would personally risk. I've had someone take my work and use it in advertising and when I found out, I sent a cease and desist. The more you protect your rights early on, the more seriously a court will take you if you go to sue someone. And you never know, the anime company might wind up doing the same.
slushienyappy
Jul. 31st, 2012 02:08 am (UTC)
Haha yeah ;;...I'm not going to be selling anything further~
I only sold three stickers a few days ago but I won't be taking it further as of this post :)
neolucky
Jul. 31st, 2012 03:25 am (UTC)
I honestly wouldn't. Perhaps you can make a fanart/logo that represents your enjoyment of the anime, or something else that might make fans happy! But I wouldn't use anything you didn't create yourself, especially if you respect the anime it's coming from and it's creators.

Just best not to do it in general.
slushienyappy
Jul. 31st, 2012 03:30 am (UTC)
I won't be selling anymore =).

And you are right..I do want to respect the people that made it! I'm sure they put a lot of time In to designing those logos and for someone to snipe it and make easy money is..blah!

I'm glad I posted here. It's made me realize things :D. I was just excited to start a new business and I guess I got carried away.
animehoneybee
Jul. 31st, 2012 06:10 am (UTC)
Trade-marks =/= copyright
Trade-marks and copyright are NOT the same thing and have very different laws governing each, though they are both forms of intellectual property and an image like this may have both attached to it.

I would advise you NOT to sell it. Copyright infringement, fanart, and selling fanart are somewhat grey areas, but trade-marks are pretty seriously regulated(which is why a lot of cons will allow fanart, but do not allow you to sell anything which has the logo of the series in question).

Trade-marks are, as the name suggests, marks in trade. They are meant to distinguish one company or manufacturer's goods/product from another's. They are meant to protect goods and products from being 'passed off' by giving the company's 'stamp of approval' or 'official seal' in the form of an image, logo, mascot, etc.

If you sell a product with another company's trade-mark, you can be charged with passing off and/or counterfeiting. (As a side note, fashion trends do not have copyright attached to them and anyone can make and sell an exact copy of a Louis Vitton handbag, AS LONG AS they do not copy the their trade-mark. A 'knock-off' is one which tries to pretend to be the real thing by replicating the trade-mark).

In your particular case, I do not know if this is a 'fake' logo that they made up for a group or company within the anime. If so, then it's not really a trade-mark and falls under copyright. If the company has ever used that mark to promote a product or a line of products, then it will be trade-marked most likely (like the tri-force symbol in Zelda).

I would infringe copyright a heck of a lot soon than I would infringe trade-marks, so be warned.
xenafox
Jul. 31st, 2012 06:45 am (UTC)
Re: Trade-marks =/= copyright
The symbol they're showing is used by Wild Tiger, a character in the series. It's used on some of the Wild Tiger merchandise sold irl. It is used to represent the character so I think it just falls under the fake logo thing you were talking about. Buuut...I'm not sure. I dunno if technically it promotes a Wild Tiger product line or not since A. it's from inside the show and B. Like I said its on some merchandise but not all.

It's kind of trippy in that the series has a lot of real logos/trademarks that exist for companies in the real world, and then they have their made up ones....

Sorry if I am rambling and don't make much sense, it's just that it's almost 3 AM x.x; Curious about how some of this would work though, like I think if they just wanted to sell the symbol and nothing with it yea that's not a good way to go.
Re: Trade-marks =/= copyright - animehoneybee - Jul. 31st, 2012 01:12 pm (UTC) - Expand
Re: Trade-marks =/= copyright - slushienyappy - Jul. 31st, 2012 07:01 am (UTC) - Expand
Re: Trade-marks =/= copyright - animehoneybee - Jul. 31st, 2012 01:20 pm (UTC) - Expand
Re: Trade-marks =/= copyright - slushienyappy - Jul. 31st, 2012 03:44 pm (UTC) - Expand
thaily
Jul. 31st, 2012 10:41 am (UTC)
Copying an emblem is not fanart, printing and selling it is just theft. Don't do it.
slushienyappy
Jul. 31st, 2012 01:15 pm (UTC)
Well I just saw buttons on etsy so that's what made me unsure. That's why I came here :). I did jump before I thought correctly though and sold 3 of them...I said in a comment above I was goin to contact my friend then but in all honesty I didn't last night x.x;. I will now though.

I'll just be giving the little stickers I made out for free at the con >v<. Thank you for your comment! To everyone thank you!
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(no subject) - slushienyappy - Jul. 31st, 2012 10:45 pm (UTC) - Expand
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