Patreon suspension and commissions update
6 years ago
Dick...
My patreon has been temporarily suspended last tuesday. The reason ? Nintendo complained about the Pokemon related content, copyright infrigement bullshit.
So patreon suspended my account and asked me to remove some posts so my account can be re-activated. The concerned animation are :
http://www.furaffinity.net/view/23994709/
http://www.furaffinity.net/view/23994709/
However, there was no problem with these :
http://www.furaffinity.net/view/20537050/
http://www.furaffinity.net/view/19402878/
The reason ? I believe they didn't even watch them, but it's just a basic keyword search. The first animation they asked me to remove had "Growlithe" and "Arcanine" tags, and the second one has "Glaceon" in the post name, even though the character is not a pokemon at all. Lol.
There are no reference to Pokemon in the two others posts, so I believe that's why they didn't find them and they're not listed.
Well, basically if you make some pokemon related content on Patreon, do not mention any pokemon name or the word "Pokemon" and it will be fine, I believe.
I had to delete the 2 first animations to have my account re-activated. (It's OK now) I'm not going to repost them on Patreon, or at least not directly. I'll find a way to include them in a pack with several animations, or something like that. Sorry for the inconvenience.
About Commissions, I noticed that I didn't update my commission idea list for a long time :
https://docs.google.com/spreadsheet.....paU/edit#gid=0
I'm sorry about that, I will try to do it ASAP, and also going to add some new ideas. I haven't picked anyone for most of the animations ideas listed yet, so you can still apply if you're interested.
(Except the Idea 19 and 20)
Thanks !
So patreon suspended my account and asked me to remove some posts so my account can be re-activated. The concerned animation are :
http://www.furaffinity.net/view/23994709/
http://www.furaffinity.net/view/23994709/
However, there was no problem with these :
http://www.furaffinity.net/view/20537050/
http://www.furaffinity.net/view/19402878/
The reason ? I believe they didn't even watch them, but it's just a basic keyword search. The first animation they asked me to remove had "Growlithe" and "Arcanine" tags, and the second one has "Glaceon" in the post name, even though the character is not a pokemon at all. Lol.
There are no reference to Pokemon in the two others posts, so I believe that's why they didn't find them and they're not listed.
Well, basically if you make some pokemon related content on Patreon, do not mention any pokemon name or the word "Pokemon" and it will be fine, I believe.
I had to delete the 2 first animations to have my account re-activated. (It's OK now) I'm not going to repost them on Patreon, or at least not directly. I'll find a way to include them in a pack with several animations, or something like that. Sorry for the inconvenience.
About Commissions, I noticed that I didn't update my commission idea list for a long time :
https://docs.google.com/spreadsheet.....paU/edit#gid=0
I'm sorry about that, I will try to do it ASAP, and also going to add some new ideas. I haven't picked anyone for most of the animations ideas listed yet, so you can still apply if you're interested.
(Except the Idea 19 and 20)
Thanks !
FA+

Long story short, I started off with a Mightyena Fursona but Nintendo reared their ugly head and had my stuff taken down and basically sent me a cease and desist for copyright infringement. I had no choice but to kill off my old fursona and make a new one.
https://en.wikipedia.org/wiki/Fair_.....ter_of_the_use
also can someone with knowledge and understanding in legal jargon explain to me some ways that Nintendo could go after furry community members even if its considered fair use (i suddenly feel like Nintendo is coming after the furry community just because of the NSFW content but doing it as a whole whether monetized or not and legally fair use or not due to the the NSFW content, as such i retract my statement about doubting that Nintendo would care if its NSFW or not as long as it isn't monetized without permission...
I do remember someone saying to me that because I decided not to roleplay with them, they would report me and my fursona for copyright infringement and sexuallizing copyrighted content. Think it could be that?
For something to be a copyright violation, monitization is irrelevant. It only matters in determining compensatory damages¹. Whether or not you are making money matters for determining if you have a trademark violation, (which is relevant here, as that is how things like characters are really protected²).
Something can be fair use that you make a lot of money from or not fair use that you don't get a single penny out of.
Note however, that many companies will send meaningless threats claiming far more than they can actually back up. For years Warner Brothers was notorious for the C&Ds their legal department was generating to the chagrin of the animation department, (who wanted legal to stop harassing the fans).
1: In any lawsuit, there are three things that can be awarded. Injunctive relief, (i.e. the judge tells the person to do something or stop doing something), compensatory damages, (the amount you lost and/or the amount the person unjustly gained), and punitive damages, (extra damages over and above any actual harm awarded to act as a deterrent against similar violations in the future³).
2: Character copyright is not granted by most nations and even the US is very iffy on them, (current precedent is a "yes but" decision saying it exists but the character in that case did not qualify, there are no current decisions finding any characters to have qualified as works in and of themselves⁴). Trademark, OTOH, can easily apply to a character as it will inherently represent the product.
3: This is what generates those 'ridiculous' payouts that sometimes get groused about. They are aimed to be big enough that they hurt and don't just become part of the cost of doing business. McD's isn't going to notice $20k for burn treatment and a part-time home care worker but they will notice two days of company-wide coffee revenue.
4: The "Tarzan" and "Air Pirates" cases that are often pointed to were invalidated as precedent in the mid-1980s when the US finally adopted the Berne Convention.
A badass greaser thug who works as a mechanic to hide his true job as a mercenary for hire.
I see what happened now as a blessing in disguise. I was uncreative then LOL
The history goes that Disney's strangle-hold (their ownership) on the Big Mouse was running out and their panicked hard. So they lobbied really heavily and so the number of years it takes for a character or IP of any sort to leave their hands and enter the public domain went something from less then 20 or so to close to 100 years. Well more then enough time for a company to own their IP and not magically forget to renew.
So you want someone to blame? It's not Nintendo, but Disney. Disney paved the way for what all other companies now simply use to their fullest.
Does it suck? Fuck ya it does, but people don't seem to care about resolving the numerous laws that shouldn't be in place and have more holes then a test dummy on a shooting range, and instead are fighting the wrong people.
Oh well. Stuff like this isn't new (sadly) and as long as Hollywood exists and people keep feeding companies like Disney money this will not end.
Sucks though. Sorry to hear you had to deal with that shitty experience. I hope you were able to create something more original (less likely to get a C&D letter) and things are looking up for you now. :)
One of the many reasons I'll never pay for another pokemon game past Sun/Moon.
What I'm getting at with my argument is that be it a Dragon, or Wolf, or any other Animal... none of them are truly unique at Base.
Though for the people that literally try to make named Characters, like... Draco from Dragon-heart, or Simba from the Lion King into fursonas and make no alterations I totally agree that there is an incredible amount of lazyness there.
Honestly I am of the mind that... if it makes someone happy and its not hurting someone else physically or purposefully seeking to directly emotionally harm someone... who cares?
Though considering the current state of the Pokemon Mainline games being a total disaster (not talking profit here but community reception) I think this is not because of H0rs3 using those words (though it did make the stuff easier to find) but instead Nintendo knows their Pokemon games are struggling and suffering and are probably trying to keep every penny they can in their own banks rather then the communities.
I mean take recent events. Game Grumps is calling the name of the current outbreak the "Back Street Boy's Reunion Tour" instead of it's actual name to get around the shitty and aggressive YouTube monetization video flagging system. And it's working.
I know R34 gets around this by tagging Pokemon as Porkyman instead.
http://www.furaffinity.net/view/19402878/
Art should not be subject to strict control~
TLDR
it reminds me of AM2R. that game was incredibly popular, i'm sure Nintendo knew it existed (I think they commented on it once), but they didn't hit any of the demos. the game was only hit with a DMCA a day after the full release.
speaking of fan games, do you remember back when several Nintendo based fan games where being taken down. it turns out that a at least a good chunk of those where fake DMCAs from people impersonating Nintendo.
that is why I am curious.
plus, some research has told me that patreon themselves have removed some adult content without much reason. so this might not be Nintendo's fault.
i'm not saying it is a fake claim, I just want to find out all I can. something feels off about this patreon situation.
I also just realized that it's only pkemon content being hit. I haven't heard anything about Zelda or Mario stuff being taken down, which only adds to my questions.
ps: tu repasse quand nous voir à Nantes?
But this sort of thing usually flares up around the time a new game is in the works, remember the metroid 2 remake ordeal?
It just adds to the pile.
The US Government is launching an Anti Trust investigation into multiple businesses including Patreon for varying abuses.
Can't recall which ones.
So it'll be interesting to see how this plays out if Patreon, YouTube and son-on keep abusing content creators, Political Advocates or Small Business.
I apparently missed something XD
But yes, Copyright and Trademark Laws function differently.
A perfect example would be Tim Poole vs StudioFow ovee tge Subverse Trademark.
Just another triggeree SJW Fascist
https://en-americas-support.nintend.....om/app/contact
>under corporate questions there's a phone number there you can call and possibly get more answers or a web chatting service
Nintendo has gone way too far.
Why are people getting crazy over this?
https://www.plagiarismtoday.com/201.....e-copyrighted/
Copyright protection does not extend to titles, names, slogans or short phrases, the Copyright Office has made that much very clear. You can not copyright your name, the title of your post or any short phrase that you use to identify a work.
If you're going to argue or tell people they are going crazy over something, or just claim they are flat out wrong.
It works if you research Copyright and Trademark Laws, or just understand the Definitions of Copyright abd Trademark.
Seeing as no Copyright Laws were infringed or broken, filing for Copyright infringement is false accusation and abuse if report functions.
Trademark infringement, probably.
But the Copyright was never messed with
Also, I love how Aimlesswaves is blocking people immediately after responding.
Cowardly tactic.
If work doesn't use published material of the copyright owners, or if any copyrighted material is used for different purposes than the original, it is fair use.
If you what you said was true, photographs, descriptions, parodies, or reviews of any copyrighted material would be illegal, as would reselling any copyrighted product.
In the case of the animation using arcanine and growlithe, it would have to be argued that the fictional species in the video are recognisably identical to those owned by pokémon - in most cases it probably would be considered infringement, but there are at least some arguments regarding how well defined arcanine/growlithe are and the lack of similar traits shown (we don't see them battling in the animation, and we don't see porn in the games). H0rs3 might have been able to get away with it in court, especially if he had called them something different.
What are you basing that on? Some cases of it are illegal, but not necessarily all. Even if someone profits from fanart without consent, in most cases it's not technically illegal unless a court has actually made a decision on the specific example and the copyright violator continues to ignore that decision (innocent until proven guilty, and whatnot). If a civil court makes a decision to your detriment, it doesn't necessarily mean you've broken the law, as civil law is distinct from criminal law.
"all fanart commissions are making profit off copyrighted or even trademarked material."
A lot of fanart uses original characters which have little in common with the characters of the original work, and potentially nothing which copyright applies to (e.g. MLP fanart - you can't copyright magical ponies in general, only the specific characters, so people are free to create as many MLP-inspired unicorn, pegasus and gryphon OCs as they want).
"Also, if the creature is recognisable (those Pokemon are), and you still claim it's something else and refuse to credit it for what it is, you're literally plagiarising the thing. You can't draw a Pikachu and claim it's your original creature if people will be able to recognize a Pikachu in it."
The creature might be recognisable as a pokémon to us, from the perspective of pokémon fans who actively seek out stuff based on it, but if you compare the depiction in h0rs3's animation to the depictions pokémon/nintendo use, they don't really have much in common other than being tiger-dog hybrids. Pikachu is a more distinctive design than Arcanine, and also much more well known. I'll grant that this is somewhat subjective, and I'm not an expert in law, so I don't really know if a court would be likely to judge h0rs3's animation as "sufficiently similar". You may be right on this point.
"Other thing is that, following that "battling vs porn" logic, anyone could take your fursona and depict it in a fetish or situation you hate/prohibit and never depicted it in, and claim it's fine because it's out of character."
Yes, they could... because in the overwhelming majority of cases, fursonas don't have copyright or trademark protection. Anyway, the distinction I'm making is not how the character behaves, it's the purpose of the work they appear in. There could also likely be an argument that it's a parody.
"You would defiitely not appreciate Nintento taking your fursona and profit off it without any agreeement with you, while this is what's being done to them."
To be honest, I'd more likely be flattered. I would likely be making no profit from my fursona myself if I had one (more likely spending money paying other people to draw it), and it would just make it far more popular. I may as well give another MLP example in here - the MLP TV show has actually referenced its own fanfiction several times with no credit or agreement - the biggest example is probably how it portrays Lyra and Bonbon a lesbian couple, and it's directly quoted fanfiction at least once as well.
"Idk how about you, but I hate the idea of consciously infriging anyone's rigths"
I don't really agree with IP rights as a concept. The way human culture has evolved throughout history is by people taking stories and ideas and developing them into new stories and new ideas. I get that profit is an incentive for people to come up with new ideas, and that without IP law this incentive is much weaker, but I think that new methods like crowdfunding can get around this, and culture was doing fine for thousands of years before IP law came along. IP law is also open to abuse (patent trolls are probably the best example) and already go much further than incentivising the creator (mickey-mouse law keeps extending copyright, even though Walt Disney is long dead, leaving his company's shareholders to profit while restricting everyone else).
I did read that page you linked. Did you? You apparently didn't read the parts about "fair use" and "implied license". Anyway, a poster which describes an artist's view on copyright law isn't necessarily accurate. The poster is mostly correct, but some of it isn't (for example, fair use is NOT a copyright infringement which you're allowed to make, it's a specific exception to copyright, and therefore does not infringe copyright). I actually looked up the law when I was writing my previous reply.
How are you turning this around into accusing ME of being selfish? I think people should be allowed to use each other's ideas, and somehow that makes me the selfish one? As far as I'm concerned it's far more selfish to restrict people from creating what they want (especially when it gets to the extent of IP trolls - not that I think either you or Nintendo are guilty of this, but it's still a problem that current copyright law enables). This is how culture has evolved since the dawn of humanity - people take the ideas and stories of other people and add or take away other ideas to create something new. No idea exists in a vacuum.
People are actually entirely within their legal rights to draw your characters however they want. Copyright is not applicable to obscure online personas, and the characters themselves are not trademarked either. People may be restricted by copyright from directly using and profiting from art which you have drawn, and by trademark from using the name "Askentil" (though possibly not even that, as the trademark is not registered), but they would be allowed to draw the characters themselves.
I might not have experience of profiting from my own creative work, but I've created a few things which are freely available for anyone to use, and there are plenty of creators who create stuff for free or for profit and are perfectly happy for other people to create and profit from derivative works. Other people using your characters doesn't harm you. You have your own depiction of the characters which you can use and profit from, and if other people can offer derivative work that you can't or won't offer yourself, then surely that's just a benefit for everyone?
Fanart is NOT illegal in all cases, and the thing you linked does not say that it is.
Aside from that FAIR USE can be done WITHOUT LICENSE, FOR PROFIT, and AGAINST THE CREATOR'S WISHES.
The point I was trying to make was not specifically about pokémon, or about h0rs3's animations - I used them as examples because they're relevant to the discussion. I think they do infringe copyright, but that there are also some valid legal arguments that they do not.
The point of my comment was disagreeing with what you said in your first comment in this chain. You said "making any profit off fanart is totally illegal, unless you have a licence contract with the owner." which is untrue, because some works are public domain or under creative commons license (which does NOT require a contract with the IP rights holders), and because fair use (e.g. parody) does not need the consent of the IP owner.
I don't want to miscommunicate. I want my position to be unambiguous to you, and for your position to be unambiguous to me.
Do you understand what it is that I have said?
Do you agree that what I have said is true?
What is the point you are trying to make?
https://www.furaffinity.net/journal/9170449/
"as we were arguing of the latter, as fi you didn't notice"
You don't get to tell me what I'm arguing for. I have explicitly stated what point I am trying to make. Take it or leave it, and stop trying to strawman me. If you don't disagree with what I said, then either say that, or just don't bother replying. Maybe you misunderstood what I was saying - I didn't mean to imply that you're defending "corporate greed and censorship" - though honestly I don't know if you are trying to defend greed and censorship, because you haven't actually made your position clear.
I respect a creator's rights. I am not defending people who breach copyright in ways which harm the original content creators! Literally all I am doing is pointing out that some people disagree with you about copyright, and that "fair use" exists. I don't think that copyright should be completely ignored - so I actually disagree with TailsClock.
Disagreeing with you does not equal "trolling". I'm trying to keep this civil, and you seem to be trying to turn it into an insult contest by misrepresenting what I'm saying, or by assuming that I'm taking the radical anti-copyright position just because I don't share your radical pro-copyright position.
I have put in the effort to try to understand where you're coming from, and you refuse to answer the questions I ask to help me do this. I'm asking only the most basic level of human respect and decency from you. Do you want to have a discussion, or do you just want to rant about how evil I am for daring to disagree with you?
If you don't want me to reply to you, stop replying to me. I'll keep trying to reason against bad arguments and false accusations wherever I see them. As far as I can tell, you're just some random wannabe artist on the internet with an ego so large that they can't distinguish between how they want copyright to work and how copyright actually works (maybe I'm wrong, but insulting me is not going to convince me of that - to do so you're going to have to treat me like an adult, rather than like a naughty child). You're not my boss, and you can't order me around.
Either way, I don't think we should continue filling up this journal's comments with our arguments. If you have any sort of valid point to make, please send it to my personal messages.
Copyright used to be a fine thing, but the ones who benefit from it are also the ones that get to change it. Disney have changed the laws over and over and over and have done serious damage to the art industry all for the sake of money. It's not about protecting artists anymore. It hurts artists. H0rs3 is an artist, and he got hurt. Satoshi was at no risk from H0rs3, so he wasn't being protected. This law hasn't protected anyone in a long long time. That is why I'd rather see the entire law thrown out than keep it as it is.
However, I know that's how it works in China, and I know how much of a problem the knockoffs are there. So with that in mind, I guess the better option would be to just hope the copyright laws can be fixed instead. Maybe when they FINALLY update the laws to include internet stuff, they can remove a bunch of the crap that got added in by greedy corperations that let them attack fanartists. I just, don't have my hopes too high.
Also I have the biggest urge to do fanart of Draff's characters. Just in the hopes that he sees it as a copyright violation. That would be hilarious, but quite petty. I'll leave it up to weather I get the time or not.
And wish to commission you one day
只能说是叹息于他们的无情了
不担心啦不担心