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Am I allowed to make and sell things based on mario, yoshi or other copyrighted images?

I am just confused if I am allowed to make something that is "mario" themed and obviously mario etc. I have seen things on etsy being sold like cell-phone cases with mario's face on them. Can I do that without getting into trouble with the makers of mario?

thank youuu!

97 Responses

You'd have to get permission from the individual corporation.

Etsy doesn't police it.
People do it. But I'd bet 99% of them are doing so illegally.

If you do get permission, make sure you note that in your item descriptions as a lot of sellers on here boycott shops selling illegal items.
nope
etsy does not police copyrighted material, but obviously one should not morally do it. If the companies find out, you could be up for a lawsuit.
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Inactive Etsy Member 4:34 pm Jul 9, 2011 EDT
Hi, GypsyGarden,

This is NOT legal advice, and I am NOT a lawyer....

However, in my 'other' life, I have spent considerable time defending my husband's intellectual property- which is a fancy way of saying something that is copyrighted or trademarked.. In this case, the image, name (if used to represent Nintendo's Mario) and song of 'Mario' is OWNED by the Nintendo Corporation- if you use it, and do not pay them, it could possibly result in HUGE fines- and they do pursue it.

Using something that is copyrighted, or trademarked- such as a photo, image, song, written words, book, or copying a building design, video, movie, game, or in this case, the image of Mario, created and owned by Nintendo- is the same as walking into a store and stealing a Mario Brothers game,
The rule of thumb is- if you did not CREATE it- you do not own it or have the right to use it, unless you pay the owner for the right to use it. PERIOD. Do not listen to people who talk about "fair use"- too much to go into here, but nothing on Etsy could reasonably be defended as fair use, from what I know.
Companies DO pursue this, and the fines run into the MILLIONS- and if you sell a copyrighted item on Etsy, it will be a simple case to prove- you are providing them with the evidence, via the photos you post.

Copyright infringement costs our country BILLIONS of dollars every year- and companies and artists are getting tired of it. One girl was
It isn't worth it.

Ninetndo's Intellectual Property policy can be found here:

www.nintendo.com/corp/ippolicy.jsp
They explain it better than I can.

If you have any questions, almost every company will have an "IP" policy, or a DMCA policy on their website.

Use of Mario's image would probably cost you hundreds of thousands, if not millions.

Also, anything YOU create is AUTOMATICALLY copyrighted- (not trademarked, that's different) and no one has the right to use it without paying you- so if you take a picture, or write a description-and someone uses it without your permission, they have stolen your copyrighted work. So, this can hurt you, too.

This is NOT legal advice, I am NOT a lawyer- just a working woman trying to keep my husband's creative works from being stolen- and trying to help.

Illegal use of copyrighted material hurts real people- like me. And you.
Thanks for caring enough to ask. It means a lot.
RB
RB said it all better than I could! I went through the work and expense to become officially licensed to sell photographs of landmarks on the campuses of universities in my area. I did it because it's the right thing to do, and because I respect the schools' rights and interests in controlling how their landmarks are displayed. Even though some are public universities, the landmarks have been trademarks, so it would be illegal to sell photos of them without permission.

It may seem silly to think that a little handmade seller could really have an impact on a Ninendo or a Disney (or UNC or Duke, for that matter), but it's the principle. Don't steal.

Btw, Gypsy - your plush animals are adorable! I love the Butterscotch kitty - he looks a lot like the Orange Cat. ;)
Hey you sure can on Etsy just check out the rest of this site for all your household favorites everything from Harry Potter to Hello Kitty under the handmade section of this site. it might not be legal but it will make money, there are even shops on here who have trademarked other companies work as their own, its fine.
jollywolly - hope this is tongue-in-cheek!
jollywolly says

Hey you sure can on Etsy just check out the rest of this site for all your household favorites everything from Harry Potter to Hello Kitty under the handmade section of this site. it might not be legal but it will make money, there are even shops on here who have trademarked other companies work as their own, its fine.
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re you kidding? You really should not say that at all... newbies might believe it.. ..............
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