Not Mine Super Mario Bro Replica? (1 Viewer)

[ngmcs8203]

I think @rjdev7 paid to have the artwork created for each character

Right, so it was original art. IANAL but it sure looks like fair use is on RJs side.

 

[Bluegrass Poker]

Was the super Mario poker artwork created for this community original or lifted?

Well anyone who sees it is going to think Super Mario and Nintendo. Just because you “create” it for poker chips doesn’t mean you can just use someone else’s IP for your own purpose. I know I’m in the small minority own here with my views about IP.

 

[upNdown]

Right, so it was original art. IANAL but it sure looks like fair use is on RJs side.

I don't think the general public has a solid understanding of fair use.

 

[ekricket]

I get the concept but don’t agree that they are equal situations. One is a corporation litigating and protecting their brand. Good. They have the right to protect their brand. The other is a forum contributor having their work stolen and sold without their consent and they can’t litigate it like the bellagio can.

Because the Bellagio has yacht loads of money. JLA is in Mexico and RJ does not have access to the Bellagio vault?

This is inequitable. We need a law that says the little guy can sue just as easy as the big guy and the little guys always wins because for years the big guy has always won so now the little guy deserves to win no matter the merits of his case.

If that sounds dumb it’s because we get dumber every time we read your posts.

 

[KarateMaster72]

This is inequitable. We need a law that says the little guy can sue just as easy as the big guy and the little guys always wins because for years the big guy has always won so now the little guy deserves to win no matter the merits of his case.

If that sounds dumb it’s because we get dumber every time we read your posts.

I just forgot how to math

 

[IceQueenCassa]

I just reported him on eBay too.

 

[JLApoker]

Two wrongs dont make a right

Someone stole/borrowed mario bros. characters to make poker chips and make $$, not hobby or just for fun as they stated, its all bout d benjamins if were going to be honest here. I say stole/borrowed since that person did not creat the Mario Bros. all those decades ago and the characters make the chips, And I dont think they are giving the creators of Mario Bros. a cut of his sales or any $ Royalties $. In turn I copied the design that was made and added it to my facebook store to make $$ also (being honest)
Its like if someone stole a laptop from Best Buy and as they are walking to their car someone runs up and steals the laptop and wallet from them. both are in the wrong.
now that I explained how I see things, I really did not think this was going to be issue, but I appoligize to the creator of the design for copying it.
My long term plan is to sell my poker chips here as well (Fyi Im working on my own original designs featuring other characters from game/cartoon/anime worlds, (petitions welcomed)
regarding these Mario chips I am on the fence bout selling them or not, but I have too since I invested a bit of $$$ in having them made and I have bout 30K of these chips I need to unload-sell. (and a heads up I also had 50 Mario mats made with some minor modifications.. being honest Sorry.
I will take all the hate thrown at me from the the handfull of members that need to say something! and once again to the peep/s who created the design Im Sorry

 

[Himewad]

@rjdev7 ... I know you are already aware, but here's a follow up for you.

 

[KarateMaster72]

Two wrongs dont make a right

Someone stole/borrowed mario bros. characters to make poker chips and make $$, not hobby or just for fun as they stated, its all bout d benjamins if were going to be honest here. I say stole/borrowed since that person did not creat the Mario Bros. all those decades ago and the characters make the chips, And I dont think they are giving the creators of Mario Bros. a cut of his sales or any $ Royalties $. In turn I copied the design that was made and added it to my facebook store to make $$ also (being honest)
Its like if someone stole a laptop from Best Buy and as they are walking to their car someone runs up and steals the laptop and wallet from them. both are in the wrong.
now that I explained how I see things, I really did not think this was going to be issue, but I appoligize to the creator of the design for copying it.
My long term plan is to sell my poker chips here as well (Fyi Im working on my own original designs featuring other characters from game/cartoon/anime worlds, (petitions welcomed)
regarding these Mario chips I am on the fence bout selling them or not, but I have too since I invested a bit of $$$ in having them made and I have bout 30K of these chips I need to unload-sell. (and a heads up I also had 50 Mario mats made with some minor modifications.. being honest Sorry.
I will take all the hate thrown at me from the the handfull of members that need to say something! and once again to the peep/s who created the design Im Sorry

There's a difference between stealing and making a tribute. Did he change the characters enough so he doesn't infringe upon copyright? I don't know. But I do know one thing. You absolutely stole his design completely.

You had it absolutely correct at the beginning of your "apology" Two wrongs don't make a right.

Let's say @rjdev7 did violate copyright. Pointing that out as a reason why you did it doesn't make it any better. But it seems that you understand that now.

This" apology" feels a little more like you realize everybody knows and there's no way around it.

Good luck with your ORIGINAL designs. Maybe you'll have a success with them

 

[NotRealNameNoSir]

Lol, why are we bringing the word 'borrow' into this discussion, its got no place.

 

[chippitydoodah]

I really hope you get stuck with every single SUPER MARIO WORLD chip you had made and I sure hope someone steals your "original" designed chips so you too can feel the burn and hatred and helplessness that comes when someone like you maliciously takes without remorse.

 

[Frogzilla]

I don't think the general public has a solid understanding of fair use.

Ever see that Nathan for you episode where he does the Starbucks parody? Whole thing everybody seems to be “wait this is actually legal?”

Anyways, I’m so surprised at a lot of these responses. Really inconsistent, dissonant positions people are taking.

 

[BarrieJ3]

Maybe I don't get it?

One of us, a hobbyist, takes a design/artwork/characters and makes it their own - without knowing 100% if it's legal or not, BUT the general consensus within the community appears to be "no harm done".

Someone in another country takes those designs, has their own copies produced for sale, and the community deems it to be morally and ethically inappropriate.

Maybe I do get it. That's it in a nutshell right? Rules for thee and not for me. Make something cool and appealing, you might get jacked - it appears we're cool with that sentiment as long as it doesn't happen to us.

In 99% of PCF outrages, it seems the proper response is to just get over it. Yes it's not cool, it might even suck for RJ, but the vitriol is ridiculous.

I purchased a design for cards mold from Tina. In retrospect, I shouldn't have (had Tina make them) because I really liked the design. I specifically asked no one else to have it, I didn't allow anyone else to have it, and guess what? Another chipper in our hobby had his set made. No pitchforks, sold my set because it wasn't unique and gave away the design to anyone that wanted it copied. This ish happens, and when it's borrowed designs or tina or whatever, not much to be had.

 

[upNdown]

I purchased a design for cards mold from Tina. In retrospect, I shouldn't have (had Tina make them) because I really liked the design. I specifically asked no one else to have it, I didn't allow anyone else to have it, and guess what?

 

[upNdown]

Rules for thee and not for me.

100%
But it wasn’t always like this. Just a decade ago the community didn’t embrace copies of any kind. I’m not sure if the community did a better job of policing it, or if there just weren’t people in the community to dared to flaunt the unwritten rules. Or maybe @bergs is right and there is no community. That’s probably closest to the truth.
For what it’s worth, I hear that in Apollo Creed’s voice. THERE IS NO COMMUNITY!

 

[BarrieJ3]

100%
But it wasn’t always like this. Just a decade ago the community didn’t embrace copies of any kind. I’m not sure if the community did a better job of policing it, or if there just weren’t people in the community to dared to flaunt the unwritten rules. Or maybe @bergs is right and there is no community. That’s probably closest to the truth.
For what it’s worth, I hear that in Apollo Creed’s voice. THERE IS NO COMMUNITY!
View attachment 1170506

I think it’s just natural. As more people flood in, people of old fade away, and it’s time for new community to take over.

I’m sure when I joined and the jmcs and BandBs and pacmartines and sheiks and all of us at the same time, the folks of old were like great, more of this (even though I think my fellow PCF bdayers are one of the top tiered groups).

I know that’s how I am. I’m posting a bit right now because I’m looking for chips and already here, but I won’t have a problem fading after I get them because all the new people make it feel blah for me (that’s not being negative, just an honest personal experience).

When so many threads are just repeats, when classifieds are filled with lower quality chips, when the old heads have moved to text/pm, and when we’re working off a platform that has limited search functionality/connectivity, etc., people like me fade.

Which isn’t a bad thing. It’s not a good thing. It’s just different. When I joined, soooooo many hidden/silent rules. I had to learn them all, but when I did, had my pick of Paulsons and customs and anything I wanted.

Nowadays? Everyone can do what they want. Tons of cool stuff like ceramics and group buys and rat rods.

Me personally? I’m old man yelling at clouds. I think it’s all bs, I think all the chips are junk, I think most of the new people over the past year(s) are boring and blasé, I think customs are worse, I think that what qualifies as a “meetup” is blah, I think keeping meetup or pointe less threads bumped year round is stupid, etc., and that’s okay.

PCF is different things for different folks, and who knows maybe in a year it’s back to your fav way or maybe in 10 it’s back to mine. I always enjoy your posts though!

 

[BarrieJ3]

I think it’s just natural. As more people flood in, people of old fade away, and it’s time for new community to take over.

I’m sure when I joined and the jmcs and BandBs and pacmartines and sheiks and all of us at the same time, the folks of old were like great, more of this (even though I think my fellow PCF bdayers are one of the top tiered groups).

I know that’s how I am. I’m posting a bit right now because I’m looking for chips and already here, but I won’t have a problem fading after I get them because all the new people make it feel blah for me (that’s not being negative, just an honest personal experience).

When so many threads are just repeats, when classifieds are filled with lower quality chips, when the old heads have moved to text/pm, and when we’re working off a platform that has limited search functionality/connectivity, etc., people like me fade.

Which isn’t a bad thing. It’s not a good thing. It’s just different. When I joined, soooooo many hidden/silent rules. I had to learn them all, but when I did, had my pick of Paulsons and customs and anything I wanted.

Nowadays? Everyone can do what they want. Tons of cool stuff like ceramics and group buys and rat rods.

Me personally? I’m old man yelling at clouds. I think it’s all bs, I think all the chips are junk, I think most of the new people over the past year(s) are boring and blasé, I think customs are worse, I think that what qualifies as a “meetup” is blah, I think keeping meetup or pointe less threads bumped year round is stupid, etc., and that’s okay.

PCF is different things for different folks, and who knows maybe in a year it’s back to your fav way or maybe in 10 it’s back to mine. I always enjoy your posts though!

Who am I kidding, I can’t ever leave for good. There’s at least 120 more custom sample sets I have my eyes on.

 

[upNdown]

I think it’s just natural. As more people flood in, people of old fade away, and it’s time for new community to take over.

I’m sure when I joined and the jmcs and BandBs and pacmartines and sheiks and all of us at the same time, the folks of old were like great, more of this (even though I think my fellow PCF bdayers are one of the top tiered groups).

I know that’s how I am. I’m posting a bit right now because I’m looking for chips and already here, but I won’t have a problem fading after I get them because all the new people make it feel blah for me (that’s not being negative, just an honest personal experience).

When so many threads are just repeats, when classifieds are filled with lower quality chips, when the old heads have moved to text/pm, and when we’re working off a platform that has limited search functionality/connectivity, etc., people like me fade.

Which isn’t a bad thing. It’s not a good thing. It’s just different. When I joined, soooooo many hidden/silent rules. I had to learn them all, but when I did, had my pick of Paulsons and customs and anything I wanted.

Nowadays? Everyone can do what they want. Tons of cool stuff like ceramics and group buys and rat rods.

Me personally? I’m old man yelling at clouds. I think it’s all bs, I think all the chips are junk, I think most of the new people over the past year(s) are boring and blasé, I think customs are worse, I think that what qualifies as a “meetup” is blah, I think keeping meetup or pointe less threads bumped year round is stupid, etc., and that’s okay.

PCF is different things for different folks, and who knows maybe in a year it’s back to your fav way or maybe in 10 it’s back to mine. I always enjoy your posts though!

Sometimes I love you.

 

[ngmcs8203]

I think it’s just natural. As more people flood in, people of old fade away, and it’s time for new community to take over.

This is it exactly. It reminds me of baseball fans. Old-heads get so uptight when someone pimps a home run. Unwritten rules broken.

I also wonder how many people who are against those “reimagined original characters in new artwork” buy OEM parts for their cars or only buy original, from the dealership stuff. Or have something like a vacuum they like but don’t want to spend $150 for the accessories pack from the vacuum maker, so they buy ‘alternate’ options on eBay or Amazon.

 

[mipevi]

Those Luigi chips look fake compared to mine…

Spoiler

 

[upNdown]

I also wonder how many people who are against those “reimagined original characters in new artwork” buy OEM parts for their cars or only buy original, from the dealership stuff.

I’m pretty sure that’s not the same thing.

(And just to be clear, I’m not an oldhead - I’ve been in this hobby for less than 10 years. The real old heads have been doing it for 15, 20, 30 years. But there aren’t a lot of them around who seem to be interested in bickering.)

 

[KarateMaster72]

I think it’s just natural. As more people flood in, people of old fade away, and it’s time for new community to take over.

I’m sure when I joined and the jmcs and BandBs and pacmartines and sheiks and all of us at the same time, the folks of old were like great, more of this (even though I think my fellow PCF bdayers are one of the top tiered groups).

I know that’s how I am. I’m posting a bit right now because I’m looking for chips and already here, but I won’t have a problem fading after I get them because all the new people make it feel blah for me (that’s not being negative, just an honest personal experience).

When so many threads are just repeats, when classifieds are filled with lower quality chips, when the old heads have moved to text/pm, and when we’re working off a platform that has limited search functionality/connectivity, etc., people like me fade.

Which isn’t a bad thing. It’s not a good thing. It’s just different. When I joined, soooooo many hidden/silent rules. I had to learn them all, but when I did, had my pick of Paulsons and customs and anything I wanted.

Nowadays? Everyone can do what they want. Tons of cool stuff like ceramics and group buys and rat rods.

Me personally? I’m old man yelling at clouds. I think it’s all bs, I think all the chips are junk, I think most of the new people over the past year(s) are boring and blasé, I think customs are worse, I think that what qualifies as a “meetup” is blah, I think keeping meetup or pointe less threads bumped year round is stupid, etc., and that’s okay.

PCF is different things for different folks, and who knows maybe in a year it’s back to your fav way or maybe in 10 it’s back to mine. I always enjoy your posts though!

Just my opinion, there is a difference between making a tribute and making a one for one copy. I don't believe I saw poker chips like @rjdev7 super poker world anywhere until here. Then they were copied perfectly. Again, just my opinion

 

[HughDrackman]

Its like if someone stole a laptop from Best Buy and as they are walking to their car someone runs up and steals the laptop and wallet from them. both are in the wrong.

Just chiming in here. From a legal standpoint, this is not an accurate analogy.

Federal copyright law protects parodies, satire, and criticism of copyrighted IP’s under the “Fair Use” doctrine. The test is if a reasonable person would assume that the parodied material was sanctioned by the owner of the IP. In rjdev’s case, the parody SPW chips deviated from the original IP of Super Mario Bros. enough so that no reasonable person would assume that Nintendo sanctioned them, and therefore, did not violate copyright law.

It’s the same reason you see prints of “mashups” of popular comic book characters at comic cons. None of those artists have permission from Marvel or DC to create those images, but they can’t stop independent artists from making and selling them.

A better analogy would be if you saw a print of, say, Homer Simpson fighting a xenomorph for sale at comic con. You buy the print, scratch out the original artist’s name, replace it with your own, make a bunch of copies, then set up a booth right next to the original artist and sell their print as your own.

The original artist didn’t violate the law, but you did by copying their exact work and passing it off as your own.

Just wanted to help clear things up for everybody.

 

[kmccormick100]

Two wrongs dont make a right

Someone stole/borrowed mario bros. characters to make poker chips and make $$, not hobby or just for fun as they stated, its all bout d benjamins if were going to be honest here. I say stole/borrowed since that person did not creat the Mario Bros. all those decades ago and the characters make the chips, And I dont think they are giving the creators of Mario Bros. a cut of his sales or any $ Royalties $. In turn I copied the design that was made and added it to my facebook store to make $$ also (being honest)
Its like if someone stole a laptop from Best Buy and as they are walking to their car someone runs up and steals the laptop and wallet from them. both are in the wrong.
now that I explained how I see things, I really did not think this was going to be issue, but I appoligize to the creator of the design for copying it.
My long term plan is to sell my poker chips here as well (Fyi Im working on my own original designs featuring other characters from game/cartoon/anime worlds, (petitions welcomed)
regarding these Mario chips I am on the fence bout selling them or not, but I have too since I invested a bit of $$$ in having them made and I have bout 30K of these chips I need to unload-sell. (and a heads up I also had 50 Mario mats made with some minor modifications.. being honest Sorry.
I will take all the hate thrown at me from the the handfull of members that need to say something! and once again to the peep/s who created the design Im Sorry

Yeahhhhhh, good luck ever selling anything on here.

 

[ngmcs8203]

Just chiming in here. From a legal standpoint, this is not an accurate analogy.

Federal copyright law protects parodies, satire, and criticism of copyrighted IP’s under the “Fair Use” doctrine.

…

The original artist didn’t violate the law, but you did by copying their exact work and passing it off as your own.

Just wanted to help clear things up for everybody.

With that sort of logic, you’re going to draw out the PCF trolls.

 

[BarrieJ3]

Just my opinion, there is a difference between making a tribute and making a one for one copy. I don't believe I saw poker chips like @rjdev7 super poker world anywhere until here. Then they were copied perfectly. Again, just my opinion

Just another reiteration of rules for thee and not for me. Of course it looks bad on paper and opinion is copy isn't as bad as tribute. So the question lies, what on the sliding scale is and isn't acceptable? Which devolves into a joke thread filled with opinions and feelings.

Just chiming in here. From a legal standpoint, this is not an accurate analogy.

Federal copyright law protects parodies, satire, and criticism of copyrighted IP’s under the “Fair Use” doctrine. The test is if a reasonable person would assume that the parodied material was sanctioned by the owner of the IP. In rjdev’s case, the parody SPW chips deviated from the original IP of Super Mario Bros. enough so that no reasonable person would assume that Nintendo sanctioned them, and therefore, did not violate copyright law.

It’s the same reason you see prints of “mashups” of popular comic book characters at comic cons. None of those artists have permission from Marvel or DC to create those images, but they can’t stop independent artists from making and selling them.

A better analogy would be if you saw a print of, say, Homer Simpson fighting a xenomorph for sale at comic con. You buy the print, scratch out the original artist’s name, replace it with your own, make a bunch of copies, then set up a booth right next to the original artist and sell their print as your own.

The original artist didn’t violate the law, but you did by copying their exact work and passing it off as your own.

Just wanted to help clear things up for everybody.

@JLApoker, you're fine my guy! Just put a mustache on all the characters without mustaches, and take the mustache off of any characters with a mustache.

No reasonable person would ever assume RJ would do that, so then you're in the clear.

Yeahhhhhh, good luck ever selling anything on here.

I don't know if we're really his exact or whole market. Hell, all he needs to do is stay a silent member, copy all the designs/customs/etc. that he sees here, set up standing orders with someone like or local providers, market everywhere online and dropship all the incoming orders. I mean its 0 work for him and an order or five a week and he has one tiny revenue stream. Just needs to set up a could thousand of those across various markets, providers, areas, and boom, retired.

Do you want any of this stuff we're throwing out? Baby K is probably too small for all the trucks and beach toys and everything else we're throwing out, but there's also like 100 books and other stuff meant for littles.

 

[Bluegrass Poker]

Just chiming in here. From a legal standpoint, this is not an accurate analogy.

Federal copyright law protects parodies, satire, and criticism of copyrighted IP’s under the “Fair Use” doctrine. The test is if a reasonable person would assume that the parodied material was sanctioned by the owner of the IP. In rjdev’s case, the parody SPW chips deviated from the original IP of Super Mario Bros. enough so that no reasonable person would assume that Nintendo sanctioned them, and therefore, did not violate copyright law.

It’s the same reason you see prints of “mashups” of popular comic book characters at comic cons. None of those artists have permission from Marvel or DC to create those images, but they can’t stop independent artists from making and selling them.

A better analogy would be if you saw a print of, say, Homer Simpson fighting a xenomorph for sale at comic con. You buy the print, scratch out the original artist’s name, replace it with your own, make a bunch of copies, then set up a booth right next to the original artist and sell their print as your own.

The original artist didn’t violate the law, but you did by copying their exact work and passing it off as your own.

Just wanted to help clear things up for everybody.

I disagree that a reasonable person couldn’t think the Mario chips could be authorized by Nintendo. You give the average reasonable person too much credit.

 

[Rieguy]

In rjdev’s case, the parody SPW chips deviated from the original IP of Super Mario Bros. enough so that no reasonable person would assume that Nintendo sanctioned them

I'm fully behind rjdev here and the straight rip is full-stop wrong, but I'm conflicted on the specific issue/argument you are making here.

If it weren't for the characters gambling, one smoking a stogie, and another one boozing, the layman would absolutely think it was something sanctioned by Nintendo. However, with the aforementioned in mind, that changes things since they are characters marketed for children. But that also brings up a new issue; would Nintendo not still send a cease and desist due to their IP being used in such a way? I think if these were being sold on a much more massive scale than within our niche hobby, we would probably find out. Interesting to think about either way.

 

[ekricket]

I disagree that a reasonable person couldn’t think the Mario chips could be authorized by Nintendo. You give the average reasonable person too much credit.

I think the average reasonable person thinks all game systems are “Nintendo’s” and wouldn’t understand why anyone is concerned about fake Pokémon’s.

 

[chippitydoodah]

View attachment 1170567

I'm fully behind rjdev here and the straight rip is full-stop wrong, but I'm conflicted on the specific issue/argument you are making here.

If it weren't for the characters gambling, one smoking a stogie, and another one boozing, the layman would absolutely think it was something sanctioned by Nintendo. However, with the aforementioned in mind, that changes things since they are characters marketed for children. But that also brings up a new issue; would Nintendo not still send a cease and desist due to their IP being used in such a way? I think if these were being sold on a much more massive scale than within our niche hobby, we would probably find out. Interesting to think about either way.

Go look up Nintendo porn...thats shit hasn't been stopped by Nintendo.