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Hasbro Banning Sketches

GregGreg Posts: 1,946
http://www.bleedingcool.com/2012/04/05/hasbro-bans-non-official-transformers-sketches-at-botcon/

and

http://tformers.com/article.php?sid=17424

Hasbro is also banning the sales of third party products, but will not provide a list of what exactly is banned. http://tformers.com/transformers-dealers-will-not-be-able/17352/news.html

This is for Botcon only so far, but could we see this branch out and see other companies taking this stand as well?

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    LibraryBoyLibraryBoy Posts: 1,803
    C'mon, Hasbro. A little less douche, please.
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    ZhurrieZhurrie Posts: 617
    aaaannnnnddddd.... here we go. You know this is coming. Execs want every dime possible entering their pockets and I only see this getting worse as time goes by. I do think it is funny that this news comes as the "How to Draw Transformers" book hits shelves! :)
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    There has to be a loophole here of some sort as it pertains to art. Otherwise they'll have to empty out the Andy Warhol Museum. Comic characters routinely appear in fine art that is for sale in galleries all over the place.
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    TorchsongTorchsong Posts: 2,794
    To consider: BotCon is owned by Hasbro. It's their convention. So they may have some pull there whereas in a more traditional convention they can gripe all they want but they're not going to get anywhere with it unless they want to lawyer up and start handing out cease and desists to the artists in their booths.

    I'm still soldiering on with my plans to do a Derpy painting for Phoenix-Con this year (My Little Pony is also owned by Hasbro).
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    George Lucas had done the same with HIS con. Its where they have the most pull, and the ability to enforce it.


    Doom-sayers, don't jump the gun. Jeez.
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    David_DDavid_D Posts: 3,881
    edited April 2012
    I agree with the last few posts above- this is not a story about an IP owner raiding artists alley to try to stop infringement, as has been feared, and which got discussed again in light of the Gary Friedrich case. So I think BleedingCool is avoiding context in favor of being alarmist (that wouldn't be a first for them).

    Rather, this is a story about a con organizer will or won't allow at the con they are organizing. And from what I remember Bryan describing on the show about approval for commissions work at the Star Wars Celebration he went to, this move of Hasbro's doesn't seem so unusual.

    Now, of course, you can still feel that they should turn a blind eye, but the context is still different than, say, getting all MPAA or RIAA on someone else's convention. This is instead a matter of what policies they want on their own turf.
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    mwhitt80mwhitt80 Posts: 4,615
    It's not that they "have the most pull" at Botcon; it's Hasbro owns Botcon. They can ban whatever they want. They aren't in San Diego policing people; they are saying here at Botcon this is the rule. That is all this announcement says.
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    It's not that they "have the most pull" at Botcon; it's Hasbro owns Botcon. They can ban whatever they want. They aren't in San Diego policing people; they are saying here at Botcon this is the rule. That is all this announcement says.
    Tomato, Toh-mato.

    Hasbro has the most pull at their con. At other cons, local or regional or even SDCC, not so much. One could get away with something at a Wizard World Macon, GA that at Botcon wouldn't be allowed. That is what I was trying to say.
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    Dan_CapDan_Cap Posts: 39
    It's there con so they can do that, it is kinda funny there site still advertises " Artists Alley table - don’t forget that you can get single tables to show-and-sell your custom Transformers
    art for $200."
    It would be funny if you where selling Diaclone, Microman,Henshin Cyborg, and Macross artwork that mostly resembled the original G1 toy desings where based on. No harm no foul?
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    ZhurrieZhurrie Posts: 617
    I'm not being hyperbolic and I understand that this is their show but you have to see this is going to be coming down the road more and more. This is how these things start. The con game is getting bigger and bigger and if you think those dollar signs aren't in these company's eyes I don't know what to say. I'm not saying it is going to happen instantaneously, just that it is definitely coming.
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    LibraryBoyLibraryBoy Posts: 1,803
    It's totally within their right to do this, of course, but I still say it's kind of a jerk move.
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    BadDeaconBadDeacon Posts: 120
    There is certainly more than meets the eye to this situation than a simple "Hasbro bans sketches"!
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    KyleMoyerKyleMoyer Posts: 727
    One thing people aren't taking into account is that there are times when a company HAS to enforce their copyright or they stand the risk of losing it or at least making it easier to challenge in a court of law. Sometimes when you hear of what we think are douchey moves by corporations regarding copyright, what is actually happening is that they're just trying to avoid future legal challenges. For example, policing artist's alley is something completely different, and if they did that, I could understand getting alarmist. But if they allow people to draw unauthorized drawings of their property at their own con that they're funding and promoting, then in the future, if they have a case that is a real and legitimate copyright violation that they are seeking to protect, pointing to BotCon and saying that they allowed it here is a legitimate defense (as far as I understand copyright law that is).
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    @KyleMoyer has a point. Anyone operating under the roof of 'BotCon' is considered to have the support of Hasbro by the fact that Hasbro allowed them to attend. So someone might take that as a 'legal agreement' that they have free reign to use the Hasbro characters for anything outside of BotCon because they have been 'approved' by Hasbro simply by appearing. Same thing probably at Star Wars Celebration. But those artists who are appearing at non-Hasbro backed cons would not have the same restrictions because they are sketching. I mean, they aren't going to have a Hasbro representative at every con, are they? The amount of money made on Hasbro related sketches at cons probably wouldn't make it cost effective.

    Answer is simple... get your Hasbro related sketches at non-Hasbro related shows.

    I do think, to a degree, that they are trying to squeeze the money out of the fans at the convention but the above point also applies.

    Perhaps artists need disclaimers at their tables.

    Honestly, I think Hasbro should be more concerned with people in foreign countries creating knock-offs of their toys than artists at cons.
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    John_SteedJohn_Steed Posts: 2,087
    Honestly, I think Hasbro should be more concerned with people in foreign countries creating knock-offs of their toys than artists at cons.
    I'm with @JohnathanConstantine on that. Over here, in the old world, it's quite difficult finding toys that have been made by Hasbro....
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    Over here, in the old world, it's quite difficult finding toys that have been made by Hasbro....
    I can find the toys alright but its usually no variety (the same five or six figures) and are hideously expensive. Transformers especially so.
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    edited April 2012
    Hasbro are most likely trying to legally cover their ass because they don't want anyone else to start producing comic or story work without authorisation. They are a company who builds toys and I don't think they want to piss off the adults who have the money to buy the toys for themselves and their kids. Hopefully they are smart enough to support the fandom, I mean they host their own series of Hasbro related conventions.

    However, at the end of the day I think we need to also realise that these are Hasbro's property and that everyone else is borrowing them. Don't they have the right to say what their licences can and cannot be used for. I remember a case a few years ago where a Real Estate agent was using people dressed up as Superman and Spiderman in promotional events and Marvel and DC asked him to stop. A few in the more tabloid media were claiming that this was big corporations picking on the 'little guy' but it was the 'little guy' who was using other people's properties without permission. I don't know if that story is really relevant but it just came to mind. I especially remember yelling at the TV (something I always do when I see cheap tabloid TV paraded around as 'current affairs')
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    mwhitt80mwhitt80 Posts: 4,615
    Tomato, Toh-mato.

    Hasbro has the most pull at their con. At other cons, local or regional or even SDCC, not so much. One could get away with something at a Wizard World Macon, GA that at Botcon wouldn't be allowed. That is what I was trying to say.
    They aren't banning sketches everywhere. JUST AT BOTCON (which in case you missed it Hasbro owns). And it's only for artists who haven't been contracted by hasbro in the past (which reads like if you've never worked on transformers you can't sell transformers art AT BOTCON). Plus how many non-Hasbro artists is this going to affect? I would wager 99% of the artists at Hasbro's convention have worked on Hasbro material, so this has no affect on them at all.
    No where are they saying "stop all transformer/gi-joe/toy sketches everywhere-for-all-time-unless-you-have-premission". This announcement has no affect on any convention outside of Botcon.
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    They aren't banning sketches everywhere. JUST AT BOTCON (which in case you missed it Hasbro owns). And it's only for artists who haven't been contracted by hasbro in the past (which reads like if you've never worked on transformers you can't sell transformers art AT BOTCON). Plus how many non-Hasbro artists is this going to affect? I would wager 99% of the artists at Hasbro's convention have worked on Hasbro material, so this has no affect on them at all.
    No where are they saying "stop all transformer/gi-joe/toy sketches everywhere-for-all-time-unless-you-have-premission". This announcement has no affect on any convention outside of Botcon.
    Regardless, I think this, amongst us here talking about it, is showing the same concerns that we had after the Disney buyout of Marvel and after the guy who 'created' Ghost Rider. It may be paranoid, to a degree, but it doesn't mean that someone won't try it.

    At the end of the day I don't see many people asking for Hasbro related sketches... in fact, I've never seen anyone do that.
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    GregGreg Posts: 1,946
    edited April 2012
    Does Hasbro actually "own" Botcon. I know originally that they did not and the group that did splintered and held opposing cons for awhile. I can't find a clear year that Hasbro took over ownership, only that they sponsor the con and license out permission to have the con and use their IP's to promote it. Anybody else have info on this?
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    ZhurrieZhurrie Posts: 617
    The whole defend your copyright or lose it thing is actually not written anywhere or with precedent in actual law. It is usually tossed around as a reason but it is basically B.S.

    We'll definitely see as time goes by how this actually shakes out as it happens more and more, but I see no other end result. Even just the same stipulation of you have to be an artist that has worked on our property to do sketches, which seems like a very likely way to handle it, would have a major impact. I've been on the other side of this stuff and I genuinely believe it is coming, there is just too much money involved with the con game to not have it happen. Things like this always creep up slowly and everyone always wants to believe it will stop short until it is too late and then people act like they can't believe it. Instead of minimizing this, if people would speak out *now* it could change the tide before it gets worse. That is what I'm saying. Companies don't want bad press, especially before a big con, so if this goes without a whimper you better believe more and more will do the same thing.
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    GregGreg Posts: 1,946
    edited April 2012
    At the end of the day I don't see many people asking for Hasbro related sketches... in fact, I've never seen anyone do that.
    No kidding, the amount of technical details that would go into a sketch of a Transformer versus that of a superhero for example can be insane. If I ever wanted Transformers art I think I would get a print or save up for a comission outside of a con.

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    David_DDavid_D Posts: 3,881
    Re: Zhurrie

    I don't think it is a matter of them losing the copyright if they don't defend it- I agree that doesn't sound likely. But as infringement suits, as I understand them, put the onus on the plaintiff to prove that the infringer did harm and cost them potential gains (a Fair Use defense, for example, could be to claim that you didn't infringe because you did not gain, for example, or harm the plaintiffs future gains)

    That is, at least, my non-lawyer understanding of it.

    With that in mind, it is possible that to allow infringement under your own roof could hurt the chances of later claiming that infringement harms your IP. It could be that a past example of condoning that infringement could be used as evidence that you felt that infringement did no harm. Why else would the IP owner have allowed it at their own event?

    I could see where the people in the IP business might look at it that way. It is still different than busting someone at someone elses show (and I agree with you, that may be coming yet). But I think in making this a clear policy in advance of the show, Hasbro is not making an aggressive move regarding their IP, but a defensive one.
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    ZhurrieZhurrie Posts: 617
    I do a lot of Gundam/mech/tf drawings, it isn't any harder than a human/animal form... in fact it is kind of like doing a simple dimensional/plane drawing of a face where everything is made up of flat planes. I can knock out an Optimus in a few minutes I've done him so many times.
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    i heard yesterday that they decided to reverse that, and will allow artists to do sketches and sell original art
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    ZhurrieZhurrie Posts: 617
    Great! I really hope so! That is exactly what I was hoping would happen. The more and more fans push back on this the better.
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    GregGreg Posts: 1,946
    Yeah, I'm already seeing posts on fansites saying that Hasbro is backing off on this.
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    edited April 2012
    At the end of the day I don't see many people asking for Hasbro related sketches... in fact, I've never seen anyone do that.
    No kidding, the amount of technical details that would go into a sketch of a Transformer versus that of a superhero for example can be insane. If I ever wanted Transformers art I think I would get a print or save up for a comission outside of a con.

    That being said I wouldn't mind a Don Figueroa sketch of a Transformer because he used to do an awesome job for Transformers by DreamWave all those years ago.
    Yeah, I'm already seeing posts on fansites saying that Hasbro is backing off on this.
    As I said before, adults buy Hasbro merchandise for themselves or their kids so annoying the fan base will just drive them away. Who knows, there might be a backlash and all of a sudden Go-Bots are back.
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    GregGreg Posts: 1,946
    Seeing Go-Bots again would be kinda cool. Hasbro bought up Tonka who had the license from Bandai who still owns Go-Bots.
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