I’ve learned one thing today: Just because a company can produce a cute, whimsical IP, doesn’t mean they wont bite your head off if you do something they don’t like. The founder of Pokemon Unofficial Collector! Magazine is being sued by the Pokemon Company. Why? For using photographs of Pokemon cards.
Beckett Media LLC is the publisher of Pokemon Unofficial Collector! Magazine: A monthly collector’s guide that lists the rarity and price of certain Pokemon cards. The magazine in question is being sued for using photographs of these cards without the consent of the Pokemon Company. Beckett had already argued that the Pokemon Company gave them implied consent — they had invested in ad space way before this incident. Sure it was over presumptuous of them, but once the big wigs spend money to be apart of your magazine, it’s easy to believe that you’re in the clear. Beckett has already offered to stop the posting of these photos in response to this whole ordeal.
I got a question for you, Pokemon Company: What’s the issue here? First off, this magazine is literally free advertisement for your product. So what if they use a few photos of your cards without consent? It’s not like this is hurting you in any way. But I do understand that you have to protect your IP, and if someone else is making money off of it without contacting you, then you deal with it. That, I suppose, is reasonable. But you guys had already invested in ad space, implying that, to some degree, you were okay with all of this. Where does the change of heart come from? I’m not a lawyer, a business man, or apart of the internal company, so I probably don’t have a definitive answer for that. But I can take a guess.