Faking is illegal?!

Celebi23

Aspiring Trainer
Advanced Member
Member
A friend of mine wanted me to share these support ticket images. He blacked out his name because he was "afraid the community would hate him if he shared these personally..."

If this is true, it means the end of my Back to Basics project, and a LOT of other people will be upset.

To be honest, though, it sounds like they just discourage it. Nowhere do they specify if it's illegal or legal. The guy who showed them to me thought it was pretty obvious that they were saying it was illegal, though...

Any thoughts on this?
 

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don()shinobi

PokeBeach's Yu-Gi-Oh enthusiast. I guess.
Member
laughinggirls.jpg
If it was that much of a problem, then why is it so widely accepted and encouraged across the internet? As far as I know of, it hasn't been shot down by whoever's in charge of their copyright business.
Speaking of copyright, I'm pretty sure you're allowed to use the art as long as you don't claim that you made it.
 

PMJ

happy thoughts
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Articles Head
Elite Member
Advanced Member
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They are probably referring to printed, tangible fakes. If they cared at all about fakers on the internet, those silly create-a-card websites would have been shut down ages ago.
 

CMP

Now with 400% more Neo!
Member
I believe PMJ is correct -- as long as youre not profiting in any way, they won't encourage it, but they won't necessarily discourage it, either.

People have been faking for way too long without having legal action taken against them that it's essentially a non-isssue. In fact, aschefield has discussed faking in mucvh the same capacity as your friend, and was told it was acceptable...I'll let him explain their reply.
 
I

Incinermyn

The only time I would see faking cards as illegal would be if someone was printing them, trying pass them off as legit, and sell them. That, in and of itself, is a form of counterfeiting. It is a very serious crime (and on an international scale). Just creating the image of a card to share online shouldn't be a problem.
 

aschefield101

is behind you !
Member
See this is an example of how halfwitted the company is, because I also asked them (the american pokemon group support) and they agian, don't "encourage" faking, or using their images, but they know it'll happen and aren't "in as many ways" saying do it, but its tolerated, to a certain extent.

PMJ and CMP are 100% correct though in saying about the printing/reselling/stating you are from nintendo/have any connections to them/etc

It'd be nice however to have a definitive answer, which I thought I had got from the american guys. So whose is right? The french side or the americans?
 

CMP

Now with 400% more Neo!
Member
Well, PUSA were very clear in their answer to you, so I'm sure that in the minute chance they were to go after one of us (which I sincerely doubt), we could most definitely use their response to you as defense in court.
 

aschefield101

is behind you !
Member
CMP said:
Well, PUSA were very clear in their answer to you, so I'm sure that in the minute chance they were to go after one of us (which I sincerely doubt), we could most definitely use their response to you as defense in court.

Indeedly, I mean alot have been doing it for years even before I appeared, across multiple websites and forums, so if they wanted to they would have (and have seen them go all legal on fan sites not so long ago)

So all in all, I'm going with business as usual :)
 

Nekoban Ryo

Alex
Member
I don't really see anything wrong with it, especially if you use custom artwork and templates. I can see how they wouldn't want others to use the official artwork (Ken Sugimori Illustrations and sprites), seeing as they use that stuff to make money and wouldn't be making anything from it if we used it. Otherwise, as long as you're not making a profit and use it simply as "fan art", it's all okay.

Technically, it's probably illegal to even have the official artwork/sprites on your computer, just as it's illegal to have ROMs, videos, etc. unless you purchased them, in which case you still shouldn't distribute them.
 

Pikachu!

Aspiring Trainer
Member
One of my Friends with Some other People Asked a while Back and they said as long as your Cards aren't Sold and are Made purposely for your pleasure, Its Okay. So I dont Know why they are saying now they do not want it. If they ban making fakes i will be Very Disappointed, And I will probably still make Fakes! Just not Publicly Distribute them.

Only Way Legal to Distribute Custom/Fake Cards

Giving one to a Friend as a Present
Raffling one
If you want to Sell them and Get in trouble Haha -u-"

Incinermyn said:
The only time I would see faking cards as illegal would be if someone was printing them, trying pass them off as legit, and sell them. That, in and of itself, is a form of counterfeiting. It is a very serious crime (and on an international scale). Just creating the image of a card to share online shouldn't be a problem.

Okay, a Bit of a Question.

I do not Pass my Customs off as "Legitimate" Pokemon Cards, I pass them off of Cards I custom Made, And I print them for my Own Pleasure. Not to Sell/Reproduce them. I only Planned on Reproducing a Custom Card once. For A Raffle. And it was titled "CUSTOM POKEMON CARD RAFFLE" I really Dont remember if it was in Caps or not Haha ^u^"

Is this Okay to do? Because the cards are going to My Mom (Or Family), Me, or Friends, and they know they are Customs, not Fakes.

Please Help, i dont want to be doing anything Illegal
 

CMP

Now with 400% more Neo!
Member
As long as you aren't selling and making a profit off of them, Pikachu!, then you'll be fine. You're allowed to print them if it's for yourself, friends, family, etc.

Bottom line: don't sell them/attempt to make money with them and you'll be in the clear.
 

Pikachu!

Aspiring Trainer
Member
CMP said:
As long as you aren't selling and making a profit off of them, Pikachu!, then you'll be fine. You're allowed to print them if it's for yourself, friends, family, etc.

Bottom line: don't sell them/attempt to make money with them and you'll be in the clear.

Okay :) People keep offering to Buy them though, And I really Want to accept because i have no money, but i Dont want to be doing anything Illegal. Someone Wants to Pay 20 Bucks for my Victini Card. I really do want to accept but cant.

Only capitalize proper nouns and the beginning of sentences. We've had some people picky for that. Thanks! ~Nigel
 

DNA

Goodbye, everyone. I'll miss you all.
Advanced Member
Member
I saw the topic title and I honestly thought I was going to see a troll thread. Glad to know that it isn't.

@Pikachu!:
CMP said:
Bottom line: don't sell them/attempt to make money with them and you'll be in the clear.
^Yep, pretty much. Giving them out as gifts and stuff is totally fine, but it is illegal to try and make a profit off of them. (I actually heard about a guy around here who was selling his personalized Pokemon playmats and he got arrested for it - which sucks because he made epic playmats. The ones out there now are collector's items.)

Nintendo isn't going to encourage people to make fakes, but they aren't going to discourage them either, so long as you aren't trying to make money from it - and most fakers just do it for enjoyment anyway; personal profit's never involved.
 

Flame Claw

Blue, dressed in black
Member
I know this sounds like a plug but I am posting this because it's relevant - TPC are aware of Pokémon Acanthite's existence (and have been for several years) and we haven't had a single issue from them. For the sake of professionalism it's unlikely they're going to go ahead and say "okay, use all our stuff!" re: fan-works on the basis that the likes of Sugimori/Masuda etc. (depending on which aspect is used) may personally feel entitled to royalties, but as a whole they seem very fan-work friendly.
 

Teal

黄前さん らしい ね
Member
Don't worry. That's what they HAVE to answer. They can't simply allow it, as if they would, you could say that "They allowed it!!!" in case a problem occurs. But they don't ACTUALLY care if you do it, as long as you don't begin to actually sell your fakes.
 

Pikachu!

Aspiring Trainer
Member
Deus: Nightmare Autarch said:
I saw the topic title and I honestly thought I was going to see a troll thread. Glad to know that it isn't.

@Pikachu!:
^Yep, pretty much. Giving them out as gifts and stuff is totally fine, but it is illegal to try and make a profit off of them. (I actually heard about a guy around here who was selling his personalized Pokemon playmats and he got arrested for it - which sucks because he made epic playmats. The ones out there now are collector's items.)

Nintendo isn't going to encourage people to make fakes, but they aren't going to discourage them either, so long as you aren't trying to make money from it - and most fakers just do it for enjoyment anyway; personal profit's never involved.


Im not trying to, People want to buy them off of me, offering me the money, but i dont accept, though i really want to haha. I just dont want to get in trouble. That sucks he got arrested. That is really Dumb. It is just fan art, and People like Play Mats, dont have money for supplies, but have money for a Custom Made (pre-made) One.


Oh, and does anyone know where i can ask about if i Make a Custom Like Groudon EX Reprint of the Actual Groudon EX, If it Would Be ok to use at your local playing shops etc. (i know tournaments wont sadly) But could i use it against friends of mine? as i can never get my Hands on the Real thing? Sorta like a Custom made Proxy?
 

Teal

黄前さん らしい ね
Member
Umm... you mean a proxy, right. Of course you can use it in league. Most leagues allow proxies, but I think there are a few oddballs that don't, though.
 

Pikachu!

Aspiring Trainer
Member
Teal said:
Umm... you mean a proxy, right. Of course you can use it in league. Most leagues allow proxies, but I think there are a few oddballs that don't, though.


Yes. but not a Proxy haha
 

Milky

4 Mewtwo 4 Revive 48 Energy 4 DCE
Member
Honestly? Your friend believes the Philippinos that are employed in those little support boxes and are paid $15? They hardly know the answer to anything, they'll just say whatevers most convenient for them and move on with the rest of those questions. It's a job to them, not a passion. They couldn't care less.

They're only talking about the fake you buy in the $2 shop. All those create-a-card websites would've been closed down a long while ago if that wasn't the case.

Disclaimer: I have nothing against Phillipinos, I love and tolerate all races and am Asian myself. Just stereotyping here.
 
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