Can photo comics with licensed toys make revenue?

[Jamie]

I want to start back up on an old project idea, which is making a comic from digitally altered (original) photography with a bunch of random toys, similar to Toy Story in a way. I would be using official toys like Transformers and Gundam however, and I was wondering if just using those makes it unoriginal enough to negate making ad revenue, even if I credit the original companies?

I see it almost like writing and selling a book about other books and fictions and their characters, and then citing each source. Idunno if that's actually legally similar or even within the same ball park of licensing complications, but it seems that way to me.

I just want to make a good and enjoyable comic about toys as toys, and still be able to earn something for my effort. Any comments and help would be much appreciated!

[VibrantFox]

i think it's definitely like you mentioned where using licensed properties can be a bit of an issue but i'm not sure if simply citing the sources can be enough. for example a series i follow (POW! Right in the nostalgia) makes a variety of pop culture references from toys to video games to tv and then some but it's also originla artwork and not photography so it may be worth doing some research. Looking through some resources explaining fair use may help.

With some quick googling of fair use examples I found this article from Webcomic Alliance:
http://webcomicalliance.com/business/fair-use-for-webcomics/

another from stanford:

What Is Fair Use?

and this one from transformativeworks.org
http://www.transformativeworks.org/10-fair-use-misconceptions/

i've only done a bit of reading on my own about trademark and copyright so i'm not an expert nor am i in a position to give legal advice; but knowing the boundaries of fair use would be a good start along with understanding the rules on using licensed properties, as some companies when they discover their IP's are being used don't always hesitate when it comes to taking legal action. i hope this helps

[Croik]

Fair Use and Parody only cover limited use in a very specific satirical function. Having the main characters in your webcomic be copyrighted characters and trying to profit from it does not equal fair use. Whether you credit or not does not enter in.

The reason Toy Story has some legit toys and some knock offs all comes down to which companies gave them the legal permission to use their toys. So if you're looking to build a brand of some kind, you'd definitely need permission. (For what it's worth I work for a printing company that has to reject submissions all the time because they resemble copyrighted characters and logos too closely).

Now if you were to dramatically alter your toys and refer to them with different knock off names, mayyybe...?

[Jamie]

It's not really me building a brand, but more a comic for a specific audience. I have done a photocomic similarly before (pretty crappy honestly), so that audience is who I'm going for. I suppose though this could just be a freebie series as a stepping stone to fully original content.

[Croik]

In that case just do your thing and don't turn on ad revenue

[amortelito]

I have some experience with licensing and brands in my country. Toy companies do register each design as industrial/intellectual property. But companies are fine with people using their toys, as long as they don't become super famous or earn money. I don't know how to say this differently....but they don't care for small creators and usually, they don't bother with lawsuits or claims even though they have the right to do so. (I dare to say that you are more likely to get into trouble for using the design of a smaller creator than from a corporation) There are tons of youtube channels that feature Barbies Monster high dolls, Max steel, etc. and they run ads without a problem. But it is always better to avoid conflict and if you don't earn money they have no claim.

[mariusthered]

one way to go around this (and yes it's a long shot) is to get a toy company to back you, that way you are promoting their toys and they might even fund you for printing and distribution.