Posted In: comic
– Back after a long, busy break. Still so busy! My brother Will is getting married tomorrow.
– I’ll be at the Portland Retro Gaming Expo on the 20th and 21st, and Geek Girl Con in Seattle on the 27th and 28th. I hope to see some of you there!
Please Nintendo, no lawsuit, please
I’m really not worried. if I get a cease and desist order I will, but I’ve been using Pokemon in the comic since year one and have never had a single complaint.
They might get upset if you depict the Pikachu killing someone though. Make sure he only faints at the end.
There is a world of difference between then and now. Before, you only mentioned pokemon by name, which I believe falls under trademark law, not copyright. You can use trademarks freely if the context is such that no reasonable person would think that you’re actually making a pokemon product, but copyright law is much more strict.
The last two pages very clearly fall within the proscribed territory of “derivative work”. It doesn’t matter that Nintendo has no plans to produce a webcomic where pokemon are summoned into an otherwise unrelated fantasy world, they still own the exclusive right to make such a comic. This doesn’t count as Fair Use.
If anyone from Nintendo’s legal team gets wind of this, you’ll get a DMCA takedown notice within a week, and any attempt to fight it will go poorly for you.
I know I sound harsh, but I really don’t want to see that happen to you. I do agree that pikachu makes perfect sense for Modest’s champion, but unfortunately we live in a world where copyright laws are geared towards protecting the interests of big business above creative freedoms.
Ahh… I was raised by attorneys (think of it as being raised by rapid wolves—LOL). Nnelg is correct. This could end up with a cease and desist letter depending on how the story ends and depending on whether Nintendo sees it and reacts.
Pikachu has been around for a while, buttloads of people draw him for fun, and in a few years he’d be old enough to fall into public domain (though Disney put an end to that: https://www.youtube.com/watch?v=SiEXgpp37No).
Now, people can and do use other company’s characters regularly as fanart or parody, but this isn’t parody and because this is part of a storyline that is part of a comic that brings you revenue it’s not really fanart either. Really, though, the worst that probably happens is you get a letter and have to remove the comics with Pikachu (and may want to redo them), but you could be sued given you get a revenue from this comic and you are using someone else’s character/art in it. It’s unlikely Nintendo would go to the trouble, but weirder and pettier things happen.
I think the fact that this is not a Pokemon comic; but a comic about someone who plays Pokemon, which does not feature Pikachu in its site design or advertising, at least gives Jake a facially credible fair use argument for this scene. If the Pikachu keeps showing up, that could be more of a problem.
Nintendo has a well earned reputation for not even considering fair use, they happily take down youtube videos even though it falls within fair use. They make great games and game consoles, but their legal team/side is quite horrendous.
They took down a fan project that took many years to make in just a few days (granted it was silly of them to name it a pokemon game).
I don’t think they have ever gone to the point of suing, they are simply to big to care if you made a couple bucks I reckon, but they will pressure to take it down regardless of legality.
That may happen. if it does I’m prepared.
you could easily change the drawings to reflect something else…even if they did say something
I saw multiple comics that uses Pokémon in one point or another, (even one that started in last millenium and is still going). Not counting hundreds of these where Pokémon are main theme. I wouldn’t worry about lawsuit from them.
How about “Brawl in the Family”? You know, the comic where literally every character is a Nintendo character, or at least one that appeared in a Nintendo game. And the guy now works for a Nintendo fan magazine. I think this’ll be fine.
This would not be a good use of Nintendo’s legal resources (not that hasn’t stopped them in the past). Modest is a Pokemon fan. By extension maybe real-life Jake is too?
Fan art and similar contributions has been part of gaming culture since forever. I remember reading old Nintendo Power magazines from the ’80s that featured fan art of Nintendo characters colored onto mailing envelopes sent with letters to the magazine. It almost feels hypocritical to send a cease and desist notice to Jake for a Pikachu cameo under these circumstances.
It does sometimes happen though. If it does its not a big deal. I’ll just make some changes.
So it does indeed have lightning powers, but it could still be a level 1 pikachu. Here’s hoping it’s got the gusto it needs.
And to hoping that the Abolisher is not a high level opponent either. or at least high compared to that Pikachu.
There is the question, could she repeat the spell she did and get herself a entire team?
If it’s drawn from her will/imagination/experiences, I’d figure it’d be stronger than level 1. That being said, she’s also new at spells to begin with, so…
If anything it would be the Pikachu she always wanted. It at the very least knows thundershock, and while it could be level 1, it’s still one conjured from her own mind– and if we know ANYTHING about Modest, it’s going to be one heck of a Pikachu!
At any rate, I would think it would be one she is proud of, perhaps a Pikachu she beat the elite four with– or even the one Red/Ash has from the shows. Who knows, we will have to wait and see.
Sooo a 6 IV level 100 Pikachu…though personally i would rather have Thunderbolt to Thunder Shock on a higher level pikachu…
but ya, with her being new, she may have got a Pikachu, but random stats and level, just like a normal wild encounter
If Veld doesn’t have common electrical magic and counters, it probably does. Electricity is super effective against anything with an unshielded electrochemical nervous system. Electric eels are a long ways from being able to produce lightning-like discharges like that, and they’re powerful enough to be more or less untouchable in nature. https://www.newscientist.com/article/2092541-electric-eels-seen-leaping-out-of-water-to-attack-land-predators/
Bowsette is standing just to the left of the kids in panel 1.
Why doesn’t she attack? Well it’s not her turn.
Go, Pikachu, go!
Congratulations to Will!
Congrats forgetting a new sister-in-law!
This is Modest’s magic on training wheels? I LOVE this!
I also love how Modest is surprised but decides, “I can use this!”
Very clever, Jake!
THIS IS AWESOME
Now this is magic she knows.
but… how? you used pokemon in the past in dreams.as a game she loves. in modests head. but she’s awake. at leaste that what we all thought. so if this happening HOW?? wait…. is this some wierd spell she just cast? gave her magic powers a physical form???? to use like a wand to cast other spells?
Its here Luck Rabbit. It was explained earlier that they reflect the caster, so each caster has their own unique Luck Rabbit. Just so happens that due to exposure to another world, her Luck Rabbit is basically the Luck Rabbit to end all Luck Rabbits
YAY! Go, Pikachu! Go!
In a way, this is sort of canon. She is a Nintendo fan, this is a one time event. Should not be a problem. Seems like fair use. Unusually literal, but still fair use.
I can’t un-hear the pokemon battle music playing right now…
Pretty much the entire comic has been leading up to this moment.
Suddenly I am remembering the Prince’s words, “I make monsters”
I like it
Living the dream
It’s like Modest holds for a moment in the third panel: “This is the instant where we cross that fatal line, where this IP could get in trouble with a cease and desist from Nintendo, or I call the Luck Bunny ‘Pakachu’ for safety reasons… Screw it, we’re going with ‘Pikachu’, let the lawyers do what they may!”
Hmm… If memory serves, fairy types are weak against poison. She should’ve used Ekans.
Well considering this thing survived the other blasts I think even in its weakened condition it is still formidable. Still thinking that Auntie is not out of the picture yet, she has lived many many years …to be taken down by this thing…hmmmm
At 40 x1.5 Attack Power… I really don’t see a Level 2 Pikachu taking down a Level 70 Faerie in its Mega Evolution – even if it was weakened, before-hand – much less catch it. Especially if she only has Poké Balls on-hand.
But, hey. I’ve seen crazier things in this region… so!
C’mon Modest, you gotta go for the 1-hit KO. THUNDER!
I assume any Pikachu our Modest summons will be at lease level 58.
If you didn’t hear the last three lines in Veronica Taylor’s voice, I recommend trying it. It was AWESOME.