asmuwudeus
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- Posted: Fri, 13 Mar 2015 17:13:29 +0000
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Teefie
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wow that's a bit harsh... Gaia protects their property so you wish them sued over homage items >.>?
My Little Pony, Adventure Time, and Full Metal Alchemist: Brotherhood have direct rips of their characters and recognizable items from their shows.
Since Gaia is making money by using the popularity of these shows, I believe the copyright holder has to authorize the derivatives. (Especially Adventure Time, because Gaia explicitly advertises Princess Bubble Gum's look can be bought for 299 GC when you go through the Inventory Search.)
Now, in the earlier days of Gaia, they still had homage items. However, they were very careful to make them different from the original. For example: The Ninja Headband had Gaia's logo on it, instead of one Naruto-verse's symbols.
Then there's those "grey-zone" items, where there's absolutely no alteration, but they're not explicitly stating that they're using another's intellectual property. Like Wayward Son. It's obviously Castiel items, but they were careful not to explicitly say "Castiel" or "Supernatural."
... weren't the FMA/MLP/AT items sponsored items?
I don't know if they were or not. But I'm citing them as examples of what would be considered major rip offs that would need the copyright holder's permission.
The MLP, AT, and FMAB items would be definite infringements without permission.
Then there's grey-zone items, like Wayward Son, would probably be up to the copyright holder to pursue. Same with most of the Sailor Moon items.
The homage items with definite changes, like the old Ninja Headband, could - theoretically - be in the clear. But, if the copyright holder pursues infringement issues, it might depend on the judge's call.
Oh, no. Homage, parody, whathaveyou is legal, though. To the extent of which would depend on a judge's ruling, but I really don't think that a judge would rule in favor of someone suing Gaia over these. Gaia has been pushing the line a bit and I think it's lazy and boring sometimes but they do have lawyers that are supposed to protect them from copyright law suits. Gaia will be fine.
Besides, this is really apples and oranges, sadly, and people keep bringing them up like they go hand in hand. tektek problem =/= gaia's parody items.