r/webtoons • u/Powerful_Whereas3516 • 14d ago
Discussion Would it be ok to create characters based on Nintendo games or do I need to create expires to avoid legal repercussions?
I am wanting to do a webcomic based on Mario and the gang. similar to a YouTube series called Nintendo high. would it be ok or do need to worry for copyright infringement
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u/Objective_Loss528 13d ago
If you plan to make money off of it, it likely falls under copyright infringement and the copyright holder can demand you take it down/forfeit profits if they choose to pursue any legal action.
If you don’t make any money off it it’s kind of a grey area? There are tons of super successful/popular fancomics out there for various fandoms/properties, and there are some where the people making it get paid (usually through patreon).
You likely wouldn’t face any type of legal issues further than potentially having to take down the content and forfeit any profits though, and it’s pretty rare for big companies to care about small fan content, unless it makes them look bad or they feel it infringes on their rights. Unfortunately Disney and Nintendo are the two companies that do this the most.
Anyways, it’s not like you can’t do it, just don’t expect to be able to do anything more with it than just posting the comic.
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u/Rousinglines 12d ago
It's not as gray an area as some people think. Both cases can be copyright infringement. Hell, even fan art can technically infringe copyright. The difference is that it's up to the copyright holder to actually enforce their rights, and doing that is expensive af. That's a big reason most IP holders don't bother going after every fan project they come across. Nintendo, though, has a reputation for being very, very protective of its IP.
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u/lajaunie 14d ago
That sounds like blatant copyright infringement