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So... about that Nintendo's hentai copyright claim stuff (Patreon)

Published:
2017-03-05 12:24:19
Edited:
2017-03-05 12:51:57
Imported:
2021-03

Content

Hi guys

So a good friend of mine was worried for me because I have just posted the March 2017's fanart poll with Zelda from Breath of the Wild on it, and let me tell you, she is in the lead right now.

He sees that and asked me if I would somehow get in trouble drawing a hentai of Zelda, because a few months ago we saw that "Nintendo issuing DMCA takedown notices for pornographic fan art" spreading everywhere on Tumblr, and famous hentai artists like Norasuko and Doxy had already taken down all of their Nintendo fanarts from the site. (My friend has no harmful intention though. He's just worried for me)

Although, many claimed that this is a big BS made by some former Nintendo employee, or a clueless SJW, though the emails sent to them look legit and scary.

So what do you think? I know lots of you may have heard or even researched about this story a while ago and I want to hear more about it. My friend's English isn't very good so he didn't study it further, nor did I since I don't know exactly where to look and who to trust. I want to hear suggestion on this.

Worst thing possible is that I would just stop it before hand about Zelda. I'd repost the March poll without her there and let all you guys re-vote. You know, if it's legit, I wouldn't take a risk. Nintendo is serious on this stuffs occasionally, and normally they wouldn't go as far as sueing small artists but... I might not consider myself a very small one. I won't self proclaim, but if Nintendo would seriously take time sueing me and had me fighting in court, it's gonna mess up my Patreon wholely and they know I have money to pay for them, so I could possibly be seen as a big copyright target. I wouldn't say I'm "selling" fanart because Patreon is basically a crowdfunding (though Gumroad is) but they wouldn't see it that way, and I wouldn't get away with it eventhough I'm not living in NA, but Patreon is an American site.

I mean, I draw Pokemon, Fire Emblem, and may be Super Mario Bros hentais in the future and they're still yet going into trouble, but Zelda: BotW is on another level of triggering people since there're still not many hentais out of it and it's the newest big title Nintendo has released so far.

So please let me know about your opinion. I'd love to hear more of it. Do you think I should be awared? Do you think it's a complete bullshit and I won't get in trouble that easy? Should I just not post it anywhere besides Patreon and may be Pixiv? Please feel free to comment.

So should I...

- Don't take risk and remove Zelda from the March poll and replace her with someone else.

- Don't worry. I'll be fine.

- Let it be, but when I get to draw her, don't post her full pics here and just deliver it as a reward package.

- Something else (Please let me know)

This thread is for Patron only. I want to hear just you guys' opinion about it. I'm here because of your supports in the first place. 

Comments

SlaveToTheSound

I'm not that well versed in this issue but I have seen SuperSatanSon's Tumblr completely shut down after a Nintendo DMCA. Which resulted in him just switching his content over to Patreon. Future Nintendo drawings "should" be fine? I haven't heard anything bad from SuperSatanSon since :s

fuya
>>4159478

That's pretty big. Do you remember how recent was this?

final_agent

I'd say that it'd be a big issue if you were drawing her right now, because Nintendo seems to act faster as their properties are releasing. But since you have a delay timer on it because of your backlog, by the time you get to her, it'll be around Juin maybe? Then that significantly reduces the risk of there being any trouble. Still, there is a risk for sure (even if lower) and if anyone is willing to issue takedowns for their big content, its Nintendo. I say axe her and maybe wait a few months if you still feel like doing her. Lana's a Nintendo property too by the way, but she's probably been out for long enough for her to be minimal risk at this point too.

Anonymous

You might wait on it. Nintendo is very serious about their IP and has shut down many etsy listings and fan games over the years, but I've noticed they tend to go through "phases" of scrubbing and searching for violations, and are lax any other time. With the new IP of BoTW they might be searching for things to scrub in order to protect themselves, that's why it might be better to wait.

fuya
>>4159496

Yeah I've thought about the delay, too. By the time I get to draw Zelda, everyone would forget BotW exists (not that the game is not good, but that's how gaming world goes these days) and I've drawn pokemon hentais not long ago, plus I have Lillie coming up on the January's batch. That got me worried a bit, but so far so many Pokemon S&M hentais on Pixiv and there're still no trouble, but again, that's Pixiv, not Patreon, and Patreon is an American site and I'm worried about Nintendo of NA.

fuya
>>4159509

I supposed BotW is too soon to be drawn as a hentai and to make profit out of it on top of that, I guess. You're right on that, but I'm considering I have a big delay on this so by the time I get to draw her would be like 3 months away from now. Still, that could lead to problems. I don't mind taking down my arts from Tumblr, Patreon, and stuffs, but to get sued, that's another level of bad.

Anonymous

I personally would love to see your art piece for BoTW Zelda and with the delay you have the risk will lower but yeah Nintendo they are really swift when it comes to copyright. Cause look at how they are with posting Nintendo content on YouTube, they just take it down. Best choice is to wait it out and I'm perfectly fine if the poll gets reposted cause I don't want you to get in trouble for this

fuya
>>4159656

Thank you for your worries :) Yeah I'm starting to think that I better not take this risk.

Sergio Barajas

I've seen another case in Dr. Graevling, one of his poll included Peach from Mario Bros and he added her as something like "princess bitch" for the very same reason, in the end Peach didn't make it, or he decided that she wasn't a good idea after all, i really don't know. It is just too bad since i really was going to vote for Zelda.

M2

I have to agree, Nintendo are seriously dickish regarding their intellectual property rights. Of you do decide to keep Zelda up (and no one would blame you if you didn't) then I'd only use the direct download rewards, nowhere else.

Frank Leo

There are lots of "porn art" that use Nintendo characters elsewhere, such as deviantART, and none of those got taken down ... I "feel" this so-called "official email" is just BS and fake.

Anonymous
>>4160040

Curious why they seem so fixated on Tumblr, but it is real apparently, as only porn pics are taken down there

fuya
>>4159851

either she didn't make it or he decided not to do her. Well to me, Princess Peach shouldn't even be a problem because she's a classic and she's way over 18 years old by common sense, but you know, Nintendo NA does madness stuffs.

fuya
>>4159877

tbh I want all my arts drawn for Patreon post-able since that's the intention of my Patreon campaign after all, to be able to show my arts to people. So it's kinda pointless to draw it secretly.

Anonymous

Nintendo is mainly scrubbing out Tumblr because it is the available to the general public. Add in the fact that they are launching the Switch and all eyes are on Zelda: BotW. They just want a clean launch and not be associated with lewds. Just wait off on Nintendo stuff for a couple months. I can already tell you it is Nintendo America that is filing the DMCA's, Nintendo Japan is cool about fanart and homage.

Inquisitor

Given how much there is regardless, I think you should be fine given that when you actually get to making her piece the hype and marketing around BoTW will have died down. Just replace her with Samus, Nintendo doesn't care about that series ;(

fuya
>>4160561

Yeah exactly lol I haven't heard any Samus hentai getting in trouble... It's weird XD

fuya
>>4160508

The general publicity is a good point though. Nintendo might see Tumblr as a super spreading source (which it is), and yeah I know Nintendo Japan is cool otherwise Pixiv would be taken down due to the massive pokemon porns.

fuya

Ok guys, after the talk, I've decided to remove Zelda from the March poll for now and will replace her with probably Yuugi Hoshiguma from Touhou. I will remove the old poll thread and create the new one. You guys have to vote again. Sorry for the trouble! I will may be return Zelda into the poll later on. I think even after the delay, I don't think just a few months would be enough for Nintendo to not care. Let's see if someone other artists step up to draw her hentais and the flow goes well, then I might consider put her back. Some of you suggested I could draw her privately and send her just as rewards. That's not gonna happen. It defeats the purpose of having this Patreon campaign of mine which is to be able to show my works to public. I will send you guys messages and provide a link to the new poll once I've made it.

Anonymous

You already made your decision which is cool, I understand, better safe than sorry. Here's hoping we get to see some Zelda: BotW lewds in the near future! I'm looking forward to seeing Zelda and maybe Gerudo!

Anonymous

There are so many beatuful characters waiting to be drawn, so where is no reason to take risk. We love you, we love your arts, and if anything can prevent you from creating prosses, lets not take that risk. Your parteon community seems nice and will understand the issue, so don't worry much about re-rolling the pull.

Densetsu Meru

Unfortunately I think the biggest issue in this is usually tumblr/patreon. It's a shame but what can you do?

Densetsu Meru

Unfortunately I think the biggest issue in this is usually tumblr/patreon. It's a shame but what can you do? I mean I've already seen NSFW work for BotW on pixiv/nijie by Boris/Noboris, but I guess in their case, they're keeping it primarily on Japanese media streams without monetizing it. I mean if you really wanted to do Zelda, your best bet would to be doing it on your own time and just sticking it on pixiv to avoid the Nintendo-Hammer.

Just Passin By

I say if you are really worried then the risk isn't worth it for now. I did like the idea of you doing it without posting it and just sending it to us via private message on here. But as you made your decision, then I back it. Just like another patron suggested, I hope we do get some see of great lewd stuff from BotW from you in the future when the hype has died down. Keep up the great work Fuya!

Setsunai Seken

Hi Fuya, you already made you decision and I understand your reasoning to be on the safe side. I have taken a bit of time to read a bit into the matter at hand and would like to share it as you wrote you are still interested in opinions. I’am no lawyer but It’s unlikely they would go after you and even more unlikely that you would lose in a case about fair use act and parody rights. That Tumblr case is a bit strange and to some degree it appears to have been someone pretending to be a representative of Nintendo and Tumblr simply followed it for some reason though this as well is mostly speculation. Nintendo has previously taken actions against fan-made games, and there are quite a few reports about it available but in regards to art they haven’t been that active as far as I know and you can see there is a lot of Nintendo Hentai everywhere which to my knowledge hasn’t been pursued by Nintendo in any way. Most notable all the Pokémon Hentai and god is there a lot of it. xD Furthermore as I already stated your art is most certainly protected under the fair use act and parody rights which Patreon also follows, as can be read under their terms of use. In the unlikely case Nintendo would actually go to court about it, which is already very unlikely, they would have to include a convincing argument about how your use of their characters is/would/could harm their property which I see no way they could make an argument for. Another bit of information is that even if it’s of commercial use your art can be protected under the fair use act so being paid for in any way is no definite reason to lose said protection. If you want to draw her and/or other characters like her though I think it would be a good idea to inquire Patreon about how they handle said DMCA/Takedown requests/notices and in case they actually get one if they’d check the validity themselves and inform you as well as giving you the chance to remove said content or how they handle such matters and decide after that if you are going to draw them or not. Also as some people already mentioned by the time you get to draw her most of the hype and attention of said game should have died down which further reduces the likelihood of receiving a DMCA or the like. I want to note again that I’am just a layman and therefore can’t give you a definite answer in this regard but as I already wrote you should contact Patreon first they should have a legal department and ask about how they handle DMCA/takedown requests and the like for future cases as well.

Derp

Fuya, you know, Nintendo NEVER sued anyone for Art, especially for FanArt! (In fact, almost nobody sued somebody for FanArt. Internet is full of game related Hentai.) So far Nintendo only asked some people for takedowns of fan games by DMCA. Its highly likely that these art takedowns are most likely some BS. And even if they wer legit, whats the worst that can happen? Accused people simply removed some pics from public gallery... that's it. As far as you dont SELL Zelda pic on Gumroad (and if you want to feel really really super safe, then dont post previews here on Patreon) and simply deliver your art privately over PM and email, then you have absolutely nothing to be afraid of.