I'm hoping you're not taking offense to this, it's not intended.
I'm quite aware of everything you've stated - I realize that some companies let things slide and consider it free promotion. -However-, it's still a grey area, and still technically illegal (If I'm wrong, anyone's free to correct me!) Japan is one thing, America is in another. You are in America producing sellable patterns for something thats trademarked/copyrite material. (Are you not in the US?) Is it still a "custom" once more then one of that item is produced? I feel like via selling the pattern, it no longer can simply be called a singular custom and goes into the realm of "mass produced".
I feel sort of like you're using the "Japan thinks it's OK!" as an excuse to hide behind the legality. Also, It's not any different then 2d work, I'm not claiming that =). It's a form of fanart, I realize that totally. I personally am not a big fan of seeing fanworks dominate the market but I realize it is pretty lucrative.
Ah...I think you're advertising your pony pattern pretty clearly as an MLP pattern. You have pinkypie in the image, granted it can be used for many many other things and thats fine but the initial usage looks to be MLP.
Just please proceed with caution. You'd be surprised how fast people can get Cease-and-desist letters for something that they think is supported when its not. I'm not trying to hamper your business, but give you a little of advice about IP. If anything, you could shoot off an email to any of the Reps for Nintendo and Hasbro and get their thoughts on it!
I'm also speaking as someone who's been there and done that in the world of selling fanart works, both on commission and to quite a few conventions. Not trying to be hostile! Just helpful as it's becoming increasingly more of a risk for artists to rely on fanart items for sales. And with plush works, they seem to get targeted a bit quicker because they're a higher dollar item.
no subject
I'm quite aware of everything you've stated - I realize that some companies let things slide and consider it free promotion. -However-, it's still a grey area, and still technically illegal (If I'm wrong, anyone's free to correct me!) Japan is one thing, America is in another. You are in America producing sellable patterns for something thats trademarked/copyrite material. (Are you not in the US?) Is it still a "custom" once more then one of that item is produced? I feel like via selling the pattern, it no longer can simply be called a singular custom and goes into the realm of "mass produced".
I feel sort of like you're using the "Japan thinks it's OK!" as an excuse to hide behind the legality. Also, It's not any different then 2d work, I'm not claiming that =). It's a form of fanart, I realize that totally. I personally am not a big fan of seeing fanworks dominate the market but I realize it is pretty lucrative.
Ah...I think you're advertising your pony pattern pretty clearly as an MLP pattern. You have pinkypie in the image, granted it can be used for many many other things and thats fine but the initial usage looks to be MLP.
Just please proceed with caution. You'd be surprised how fast people can get Cease-and-desist letters for something that they think is supported when its not. I'm not trying to hamper your business, but give you a little of advice about IP. If anything, you could shoot off an email to any of the Reps for Nintendo and Hasbro and get their thoughts on it!
I'm also speaking as someone who's been there and done that in the world of selling fanart works, both on commission and to quite a few conventions. Not trying to be hostile! Just helpful as it's becoming increasingly more of a risk for artists to rely on fanart items for sales. And with plush works, they seem to get targeted a bit quicker because they're a higher dollar item.