Fan Merch Poses Problems For Indie Developers

Fan Merch Poses Problems For Indie Developers

Fan artists exist in a legal grey area. In order to make a living, they often sell items that bear the image of characters they don’t own the rights to. Many times they slide under the radar – I own bootleg Harry Potter and Dragon Age merch that I’ve bought at conventions. But making and selling these pins, patches and mugs can cause trouble for the original creators of the works that inspired them.

Yesterday on Twitter, Scott Benson, co-creator of the game Night In The Woods, showed what it takes to defend his own copyright while trying to explain to fans why they can’t make and sell merch based on it. “Everyone thinks it’s just kids with Etsy shops or people selling keychains at Fresno Kawaiifest or something and not, like, lots of companies that exist to exploit this,” he wrote. Benson said that companies have reached out to his family and have even called his mother, asking her to OK merch that he hadn’t approved.

“So when I’m like, ‘yeah sorry we don’t OK selling NITW stuff’ it’s in part b/c for every dozen kids to whom [I] could say yeah totally sell whatever you want, there’s a company waiting to, I kid you not, legally use that as precedent to make their own NITW stuff,” he wrote. “And they have tried. Repeatedly.”

Fan artists want to make the kinds of merch that isn’t being produced, for themselves and for other fans. In turn, smaller creators have to discourage that without angering their fanbase. The webcomic Homestuck went through a similar struggle, to the point where they created an FAQ about what fans can and cannot sell. According to that document, art commissions are fine as long as they aren’t intended to be reproduced, but commissioned cosplay costumes are a no go. “Ultimately a cosplay costume is something that is so broad and can encompass so many items (many of which we are either selling or planning to sell) that the best move for us, legally, is to simply not allow any sales of any of those kinds of items,” they wrote.

This is not Mae Borowski.

This is not Mae Borowski.

Still, even if fans and creators cooperate, that doesn’t mean larger corporations won’t just rip off smaller creators anyway. Olly Moss’s art from Firewatch was traced for an email blast about cars. There’s also a character that looks suspiciously similar to Night In The Woods‘ Mae Borowski in a commercial about Taylor Swift’s latest album. “Copyright law wasn’t made to protect folks like us,” Benson wrote last night on Twitter. “It was made for Disney.”


  • “Copyright law wasn’t made to protect folks like us,” Benson wrote last night on Twitter. “It was made for Disney.”

    Well. For Disney, sure… but also BY Disney. Who do you think paid for that law?

  • Even still look at Rick and Morty merchandise out there, a lot of unofficial stuff.

    There is risk that if someone makes a dodgy product with your IP… the angry customer will blame you. Minecraft had that issue with dodgey products and wven dodgier private servers…lots of angry parents.

    • Because there are dudes out there that think if they go out clubbing in a t-shirt with Finn and Jake in a Delorian on it they will pick up for sure.

    • From my understanding, a lot (if not all) of TeeFury’s shirts that were inspired by a single IP got taken down. Now a lot of their stuff is crossover content, which can be clearly seen as not belonging to one specific IP. This means it falls into an area where it’s content inspired by but not directly copying it, therefore it’s hard for companies to argue that it’s not something that’s at least partially original.

  • The really obvious one is Calvin and Hobbs merch.

    Bill Watterson refused to authorise any merchandise, as he thought it would cheapen the strip. And yet it is everywhere – and it is all bootlegged.

    It must have cost him millions in lost revenue.

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