I want to make handmade toys, pillows, mugs, hats, etc. and sell them online...Can I do this if I don't use the word minecraft, but use the "old school graphics" they use? If not how do I contact them? Someone please help, I'm Dyslexic and have a little problem understanding. Thank you.
Yes, it is illegal to make ANY items with Minecraft branding unless the proper authority is already notified and has approved the making of this product or item. However, it is not illegal to make items with "old school graphics" as this is not patented by Mojang and is therefore, open sourced.
Hope this helps, and don't do anything illegal!
~ SirRhexAlot
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IDK.
"Do not distribute anything we've made – which means don‘t... make commercial use of anything we've made (software, graphics, textures, sound and audio from any of our games)" sounds pretty definite to me. "We" aren't lawyers, nor are we Mojang- I'd contact them before you do anything!
Personally, I'd think just because you change the name doesn't mean diddley squat and won't let you do anything you want.
But again: "We" aren't lawyers, nor are we Mojang- I'd contact them before you do anything!
1. Trademark law is weird. IP law in general is weird, but trademarks are the weirdest part of it. I've owned trademarks without fully understanding how it all works. I know enough to know how little I actually know about the technical details of trademark law. Not only is the devil in the details, but he's invited a half-dozen of his imps and they're getting down and partying in those details. Don't ask a bunch of random folks on a forum; you need to ask a lawyer -- specifically an IP lawyer -- about this. The basic rule of thumb, though, is that if something is identifiable as connected to the property in question, such as if you sold a pillow with a creeper on it, that's infringement and they can sue you.
2. You're not just dealing with Mojang anymore, you're dealing with Microsoft. While they may not interfere with Mojang's game design process (they've shown no sign of it yet, in any event) you can be sure that they're going to be all over the rights and licensing. And Microsoft is known for being very protective of their trademarks. In the past, Mojang didn't go after trademark infringers (despite having the legal right to do so) who were selling, for example, one-off items on Etsy. Microsoft ... well, ask a Canadian kid named Mike Rowe.
In Microsoft's defense here, trademark law requires you to defend your trademark. Patent and copyright law are totally different; there's no requirement for defense to keep your rights there. But if you have a trademark on something -- and it's been expanded, over the years, from a simple company or product name to "trade dress" and everything associated with your company -- and you don't defend it in court, you can lose it. This has happened to trademarks from aspirin to zipper, and one reason Xerox is so aggressive about it is that it almost happened to them. And Microsoft, owning some very valuable trademarks, is a big target, including from other companies that want to win in the courtroom what they lose in the marketplace.
A big company doesn't even have to be right; they can just litigate you into the ground. Consider some of the downloading cases where the RIAA and MPAA demanded extortionate payment from their targets with the threat that going to court -- even if they won -- even if they were totally innocent and could prove it -- would be more costly than just paying up. Defending against trademark suits is expensive. Napoleon is reported to have said "God is on the side with the best artillery." By and large, the law is on the side with the best lawyers, and that's the most expensive ones. To win in a trademark infringement case, even if you're right, the odds are you'd have to be able to out-spend Microsoft.
A good rule of thumb is to ask yourself if the item in question would sell if there it had no connection to Minecraft. If you want to sell pillows with creepers on them, ask yourself if they'd sell just as well if they had puppies on them instead. If not -- if the creepers are the reason someone would be more likely to buy your pillows -- then you're making money from the Minecraft trademarks. And if they would, just sell pillows with puppies on them instead, since you'll sell just as many and not have the specter of a large, litigious corporation looming over your shoulder.
Again, I want to reiterate: I AM NOT A LAWYER. I don't even play one on TV. I know more than average about trademarks because I used to own a few (long lapsed from disuse, btw) but "more than average" doesn't even begin to approach "enough". Do not listen to anyone who gives you advice on a forum, except where that advice is "Go talk to a real lawyer." You need to do this. People here can't give you a valid answer to your question.
tl;dr: Buy a one-hour consultation with an IP attorney. It will be money well spent.
Don't worry. You can find mountains of Minecraft toys, wearables and other items for sale on Etsy and Etsy will arbitrarily enforce IP/copyright as they randomly deem fit. Etsy "aggressively" handles copyright infringers...so much so that Etsy has a larger selection of Disney merchandise...than Disney.
In fact, it's my understanding most take-down notices on Etsy aren't from companies like Mojang actively seeking out infringers but competing sellers reporting each other to said companies for infringement.
It's illegal. That's basic common sense. You can't profit off a brand you don't own. Period.
Mmmm...you say "illegal" and "You can't" and "Period." but...the ENTIRE INTERNET would beg to differ. And not just other countries that don't recognize copyright laws but the U.S. as well.
Mmmm...you say "illegal" and "You can't" and "Period." but...the ENTIRE INTERNET would beg to differ. And not just other countries that don't recognize copyright laws but the U.S. as well.
Yes, a large portion of the internet gets away with things, that doesn't make it legal. There are WoW private servers out there with thousands of players, but they are highly illegal. The reason why things like that can continue to operate is because the companies just don't have the manpower to go after every instance of infringement, so they have to be selective and go after those who are profiting the most off their IP.
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Yes, a large portion of the internet gets away with things, that doesn't make it legal. There are WoW private servers out there with thousands of players, but they are highly illegal. The reason why things like that can continue to operate is because the companies just don't have the manpower to go after every instance of infringement, so they have to be selective and go after those who are profiting the most off their IP.
Heh, I'm definitely not giving legal advice or saying whether it's wrong or right. Just saying, people do it, legal or not. The actual legality of a specific item can also depend on a number of factors.
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If you make something, and somebody looks at it and goes, "That looks like Minecraft." Huge chance it's illegal. Remember the Scrolls fiasco? You can't have a name or something that is too similar to an existing brand, even if it is named differently. Don't do it.
Also, Dyslexia has nothing to do with your ability to learn or understand. I've got Dyslexia and Dyscalculia, don't rely on it as a crutch. If you don't understand, ask for clarity. Don't blame it on something else.
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Thank you guys for the values this information bring. I totally understand now. I also hear that phrase too often. "This product looks like mine craft" or spongebob, or Mickey mouse, but even these people still are able to get patents/copyrights. So I don't believe that "this product looks like 'product X', so it must be illegal. Am I wrong about this. If I didn't use Minecrafts graphics(designs, creepers, diamond sword etc.), then there should be no infringement.? Because the graphics they use cannot be copyright or patented. So if I made my own design designwith "those" graphics then I should be good?:wacko:
As I now read your posts, it's not "Minecraft" items you want to make, it's the blocky style of graphics you want (your designs) to use. I wouldn't do anything even remotely like anything in MC (ie, a purple creeper). People are still gonna think "Minecraft" when they see it. That graphic style=Minecraft.... like it or not.
I'd still talk to a lawyer and show him some examples of your designs. Lawyers are much cheaper than law suits.
Yeah man, a lawyer was going to be my last resort. I really don't have the money for a pricey lawyer. You know, I would think the graphics would be considered "intellectual property" and free to use on whatever. This makes me think of that Discovery Kids night light. It looks just like a Dream light from Pillow pets, yet they were able to get a patent. I would think "Minecraft" would be the same. Even that MMORPG combat game that looks like an exact replica of Mine craft just with more action. How did they bypass Mojang's copyright laws. Lol this is so confusing hahah.
okay just to be clear here, the blocky style of art your talking about is called voxels, making something with voxel style graphics is completely legal and not owned in anyway by microsoft and or minecraft. You can stack two blocks on top of each other and there is nothing anyone can do to you. However if you stacked two blocks and gave them the grass texture from minecraft you could get sued.
Basically you can design whatever you want with blocks(voxels) and as long as you don't use the same textures from minecraft you are okay. There may be, however, copyright on the some of the individual structures and mobs. For instance, you cant make a purple creeper as stated above. You could however make a very similar design, call it a peeper and your safe.
Also you need to talk to a lawyer, if you don't you are only setting yourself up for disaster.
As for if it's "illegal", it probably is. See this: https://account.mojang.com/documents/brand_guidelines
Hope this helps, and don't do anything illegal!
~ SirRhexAlot
"Do not distribute anything we've made – which means don‘t... make commercial use of anything we've made (software, graphics, textures, sound and audio from any of our games)" sounds pretty definite to me. "We" aren't lawyers, nor are we Mojang- I'd contact them before you do anything!
Personally, I'd think just because you change the name doesn't mean diddley squat and won't let you do anything you want.
But again: "We" aren't lawyers, nor are we Mojang- I'd contact them before you do anything!
1. Trademark law is weird. IP law in general is weird, but trademarks are the weirdest part of it. I've owned trademarks without fully understanding how it all works. I know enough to know how little I actually know about the technical details of trademark law. Not only is the devil in the details, but he's invited a half-dozen of his imps and they're getting down and partying in those details. Don't ask a bunch of random folks on a forum; you need to ask a lawyer -- specifically an IP lawyer -- about this. The basic rule of thumb, though, is that if something is identifiable as connected to the property in question, such as if you sold a pillow with a creeper on it, that's infringement and they can sue you.
2. You're not just dealing with Mojang anymore, you're dealing with Microsoft. While they may not interfere with Mojang's game design process (they've shown no sign of it yet, in any event) you can be sure that they're going to be all over the rights and licensing. And Microsoft is known for being very protective of their trademarks. In the past, Mojang didn't go after trademark infringers (despite having the legal right to do so) who were selling, for example, one-off items on Etsy. Microsoft ... well, ask a Canadian kid named Mike Rowe.
In Microsoft's defense here, trademark law requires you to defend your trademark. Patent and copyright law are totally different; there's no requirement for defense to keep your rights there. But if you have a trademark on something -- and it's been expanded, over the years, from a simple company or product name to "trade dress" and everything associated with your company -- and you don't defend it in court, you can lose it. This has happened to trademarks from aspirin to zipper, and one reason Xerox is so aggressive about it is that it almost happened to them. And Microsoft, owning some very valuable trademarks, is a big target, including from other companies that want to win in the courtroom what they lose in the marketplace.
A big company doesn't even have to be right; they can just litigate you into the ground. Consider some of the downloading cases where the RIAA and MPAA demanded extortionate payment from their targets with the threat that going to court -- even if they won -- even if they were totally innocent and could prove it -- would be more costly than just paying up. Defending against trademark suits is expensive. Napoleon is reported to have said "God is on the side with the best artillery." By and large, the law is on the side with the best lawyers, and that's the most expensive ones. To win in a trademark infringement case, even if you're right, the odds are you'd have to be able to out-spend Microsoft.
A good rule of thumb is to ask yourself if the item in question would sell if there it had no connection to Minecraft. If you want to sell pillows with creepers on them, ask yourself if they'd sell just as well if they had puppies on them instead. If not -- if the creepers are the reason someone would be more likely to buy your pillows -- then you're making money from the Minecraft trademarks. And if they would, just sell pillows with puppies on them instead, since you'll sell just as many and not have the specter of a large, litigious corporation looming over your shoulder.
Again, I want to reiterate: I AM NOT A LAWYER. I don't even play one on TV. I know more than average about trademarks because I used to own a few (long lapsed from disuse, btw) but "more than average" doesn't even begin to approach "enough". Do not listen to anyone who gives you advice on a forum, except where that advice is "Go talk to a real lawyer." You need to do this. People here can't give you a valid answer to your question.
tl;dr: Buy a one-hour consultation with an IP attorney. It will be money well spent.
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In fact, it's my understanding most take-down notices on Etsy aren't from companies like Mojang actively seeking out infringers but competing sellers reporting each other to said companies for infringement.
Irony aside, idunnolol. ¯\(°_o)/¯
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Mmmm...you say "illegal" and "You can't" and "Period." but...the ENTIRE INTERNET would beg to differ. And not just other countries that don't recognize copyright laws but the U.S. as well.
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You're gonna get that boy in big trouble.
Yes, a large portion of the internet gets away with things, that doesn't make it legal. There are WoW private servers out there with thousands of players, but they are highly illegal. The reason why things like that can continue to operate is because the companies just don't have the manpower to go after every instance of infringement, so they have to be selective and go after those who are profiting the most off their IP.
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Multiplayer is lonely once you understand how it actually works.
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Heh, I'm definitely not giving legal advice or saying whether it's wrong or right. Just saying, people do it, legal or not. The actual legality of a specific item can also depend on a number of factors.
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Also, Dyslexia has nothing to do with your ability to learn or understand. I've got Dyslexia and Dyscalculia, don't rely on it as a crutch. If you don't understand, ask for clarity. Don't blame it on something else.
As I now read your posts, it's not "Minecraft" items you want to make, it's the blocky style of graphics you want (your designs) to use. I wouldn't do anything even remotely like anything in MC (ie, a purple creeper). People are still gonna think "Minecraft" when they see it. That graphic style=Minecraft.... like it or not.
I'd still talk to a lawyer and show him some examples of your designs. Lawyers are much cheaper than law suits.
Basically you can design whatever you want with blocks(voxels) and as long as you don't use the same textures from minecraft you are okay. There may be, however, copyright on the some of the individual structures and mobs. For instance, you cant make a purple creeper as stated above. You could however make a very similar design, call it a peeper and your safe.
Also you need to talk to a lawyer, if you don't you are only setting yourself up for disaster.
Only 3 countries in the world are missing copyright laws. I'm pretty sure those 3 have anti theft laws.
Microsoft bought MOJANG not MINECRAFT. People really need to understand that >.>