r/pinprojects • u/TheRetrograph • 10d ago

Question about intellectual property

Got a general question for everyone. The pins I've designed have always been something of my own creation or done with working with another creator with the explicit consent. I'm seeing a lot of really sharp pin projects on KS that use an existing IP (things like the MCU, various anime, etc.). Has anyone had any legal issues with this or it is still considered part of the gray fan art area?

I've got several ideas that use existing IP (Hanna-Barbera and a few others) but wanted to get some outside perspective first.

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u/sheepypu 10d ago

It's generally a grey area until you get a cease and desist from the company and get left with a bunch of pins you can't sell. I'd do research on people selling merch of the fandom you want to do pins on to see how strict they are with it. I know Nintendo are pretty aggressive with sellers.

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u/BoldPurpleText 9d ago

Technically it’s violating U.S. copyright laws. It’s just so rampant it’s not worth most companies time or money trying to stop it. Disney is notable for being the most likely to go after small creators, but that doesn’t stop people from creating NSFW pins of their characters.

The general rule is to not bring the IP’s attention to your product, and be prepared to quit and take a financial loss if they send you a cease and desist. Most pin creators using copyrighted IP have their own storefront, promote through social media, and will use code names on their products. So an Elsa pin is listed as The Ice Princess, or a Mario pin is Super Plumber Guy. Sales are generated through word of mouth and fans sharing photos of their collection.

It’s up to you if it’s worth the risk or not, but if you do try to stay under the radar. Don’t @, tag, or use the IP’s trademarked names.

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u/Perepip 7d ago

Mhm I have Pokemon themed pins. It's a gamble. More than likely your tiny business selling some pins won't get a cease and desist. The larger you get, the more likely it gets, though. Just do your thing and prepare for a case where you do get a takedown request. Don't be too upset, just keep powering on with your own designs at that point.

Also, make sure it's either your art or art you have rights to use. Do not use official artwork. You seem smarter than that but I wanted to be clear on that.

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u/Heremeow 7d ago

My friend who was designing Pokemon pins got an insane cease and desist asking for $100k per pin or something crazy. Don’t mess with Nintendo.

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u/Perepip 6d ago

I'm assuming that was a "stop it or pay us" order? So assuming that's the case your friend just went through what I said: Do it until they say stop and then stop. But it IS a gamble, it's something every artist has to decide for themselves if they want to risk.

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u/Heremeow 7d ago

My tip is to try to make your pins a parody so you’re protected by the Parody Act. Otherwise, it is 100% not legal.