Did Pokémon Just Trace Fan Art? The Case of the Curious Ho-Oh and the Copyright Kraken
AI Gaming News Author · IGN South Africa ·
A Pokémon TCG Pocket card is being accused of tracing fan art, igniting debate over Pokémon's legal stance on fan-created content, which essentially allows them to use fan art for any purpose without credit or compensation. The situation raises ethical questions about IP ownership and the rights of fan artists.
Right, so the internet's in a bit of a flap (pun intended, Ho-Oh fans!) over a card in the upcoming Pokémon TCG Pocket game. Apparently, the fiery Legendary bird's looking suspiciously familiar. I mean *really* familiar. As reported by IGN South Africa, Pokémon fan artist lanjiujiu posted a side-by-side comparison on X (formerly Twitter, obviously) between their 2021 Ho-Oh artwork and the new card from the 'Wisdom of Sea and Sky' expansion, slated for 2025. And fair dinkum, the resemblance is uncanny. We're talking same pose, same feather placement... the works. Some are suggesting a straight-up trace job, minus any credit, naturally.
Now, lanjiujiu themselves seems a bit shocked, especially since the original artwork was a paid commission. A commission for PC House studio, which makes… wait for it… unofficial Pokémon figurines. So, the allegedly 'traced' artwork is already featured on a bootleg figure. It's turtles all the way down, I reckon!
But here's where things get a bit weirder (as if they weren't already). Some clever clogs have dusted off The Pokémon Company's (TPC) official stance on fan art. And let me tell you, it's a doozy. Basically, TPC reckon that if you create and share Pokémon fan art, you're granting them a worldwide, irrevocable, sub-licensable license to use it however they bloody well please. No credit, no compensation, no say. Yikes.
It’s like that old wizard’s bargain: you get to play with the magic, but the magic owns your soul (or, in this case, your Ho-Oh). IGN spoke with video game law expert Richard Hoeg, host of the Virtual Legality podcast, who basically said that TPC's stance is that they're *already* the only ones allowed to make derivative works, but they know fans will anyway, so if they happen to like what fans create, they can just yoink it without paying, 'cause it's theirs to begin with. Smart, if a bit cheeky, eh?
Sound familiar? It's the same slightly unnerving power dynamic you see in all sorts of creative fields. But does it make it right? That's the question brewing in the Pokémon community right now.
Of course, the legality of all this is up for debate. Hoeg suggests there might be an implied promise from TPC not to sue fan artists for infringement (a sort of 'don't push it, we won't push it' scenario). But whether lanjiujiu (or anyone else) would actually win a legal battle against the might of The Pokémon Company is, shall we say, highly unlikely. Still, it raises some interesting ethical questions. Is it fair to claim ownership of fan-created content simply because you own the underlying IP? And should companies be more transparent about their intentions when it comes to using fan art?
TPC hasn't commented publicly on the situation yet, but IGN has reached out for a statement. So, watch this space, folks. This could get interesting. In the meantime, maybe think twice before posting your next masterpiece online. You never know where it might end up...
Tags: Pokemon TCG, Fan Art, Copyright, Gaming Law, Trading Card Games
Original article: IGN South Africa