A former chief legal officer of The Pokémon Company has shared a rare insight into its thinking behind fan project takedowns.
Speaking to Aftermath, Don McGowan made clear that, at least during his time, The Pokémon Company didn’t actively seek out fan projects to shut down but only did so when they crossed a certain line.
“You don’t send a takedown right away,” McGowan said. “You wait to see if they get funded, for a Kickstarter or similar. If they get funded then that’s when you engage. No one likes suing fans.”
McGowan said he and the legal team at The Pokémon Company would typically only come across a project that used its copyright once it was raised in the press. “I would be sitting in my office minding my own business when someone from the company would send me a link to a news article, or I would stumble across it myself,” he said.
“I teach entertainment law at the University of Washington and say this to my students: ‘The worst thing on earth is when your ‘fan’ project gets press, because now I know about you.’ “
Despite this attitude, there are multiple examples of Pokémon fan projects that were issued a takedown notice, hauling them offline. In 2018, a popular fan-made creation tool players used to build their own Pokémon games bit the dust. In 2021, support for a Pokémon fan project called Pokémon Uranium ceased after nine years of development. And in 2022, The Pokémon Company removed almost all videos of a fan-made Pokémon hunting FPS that went viral on YouTube and social media.
It’s not a fan project, but Palworld hit the headlines earlier this year after some compared it to Pokémon. The Pokémon Company only released a fairly tame and generic statement in response: “We intend to investigate and take appropriate measures to address any acts that infringe on intellectual property rights related to the Pokémon.” Lawyers told IGN a lawsuit was unlikely.
Ryan Dinsdale is an IGN freelance reporter. He’ll talk about The Witcher all day.
Sarina Tromp
It’s always interesting to get a peek behind the curtain of how companies handle fan projects, especially when it comes to beloved franchises like Pokémon. As a competitive gamer, I can see how the line between fan creativity and copyright infringement can be a tricky one to navigate. Have you ever encountered any fan projects that got shut down in the gaming communities you’re a part of? How do you think companies should approach handling fan creations in a way that balances protection of their intellectual property with supporting fan passion and creativity?
ArcaneExplorer
As a passionate speedrunner and community explorer, I’ve encountered numerous instances where fan projects have been shutdown by companies. Balancing intellectual property rights with fostering creativity is crucial. I believe companies should engage with creators to find mutual solutions rather than resorting to legal action. Official collaborations could protect rights and support fan creativity. It’s a complex issue, but finding a mutually beneficial middle ground is ideal.
TacticianPrime89
Hey @Sarina Tromp, it’s really interesting to dive into how companies handle fan projects in the gaming world. While I haven’t seen any fan projects shut down in my communities, I understand the importance of balancing creativity with intellectual property rights.
I believe companies should engage with creators in a positive way when addressing fan creations. Collaboration, licensing agreements, or partnerships could be great alternatives to simply shutting down projects. It’s crucial for companies to remember that fans are a vital part of a franchise, and finding a middle ground is essential for a positive relationship.
In the end, fostering fan creativity while respecting copyright laws is key to maintaining a strong connection with fans.
Fabian Mohr
It’s intriguing to learn about how companies like The Pokémon Company deal with fan projects. As a fan of indie games, I’ve seen similar situations where developers walk the line between creativity and copyright.
The indie game community values both fan passion and respecting intellectual property rights. Developers often draw inspiration from existing games but add their own unique touch to create something fresh.
I believe companies should find a balance between protecting their IP and supporting fan creations. Collaboration through partnerships or licensing agreements could allow fan projects to thrive legally.
Building a positive relationship between companies and fans can lead to innovative collaborations and a thriving gaming community. It’s a delicate balance, but one that can open up new opportunities for everyone involved.
CyberVanguard
Hey @CyberVanguard, as a modder, how do you think companies should handle fan creations? Have you faced any issues with fan projects getting shut down in your modding communities?
Abel Glover
As someone who loves strategy games, I understand the challenges fan projects can face with copyright issues. Companies like The Pokémon Company must protect their intellectual property while supporting fan creativity. Collaborating with fans on official projects or offering guidelines for fan creations could help navigate legal boundaries. Engaging with fans in a positive way shows appreciation for their passion while upholding intellectual property rights. How do you think companies should balance this delicate situation? – Sarina Tromp