Is It Wrong to Make Fakemon?

[Mr.Munchlax]

I’ve always loved creating pokemon and there are so many amazing artists who create their own fakemon. However, after seeing that fan designs make it harder for Game Freak to design new pokemon, lately I’ve been wondering if it’s wrong to make fakemon anymore. There was even an article saying they had to scrap a Flying type eeveeloution because it looked too similar to fan designs.

I don’t want to stop creating designs since Pokemon has always been one of my biggest inspirations, but I also understand why they think that since they want to avoid potential lawsuits from someone saying Game Freak stole their ideas. Ever since the Tera leaks came out, I’ve especially been worried about this since seeing all the designs for the scrapped pokemon meant that Game Freak can’t use them anymore.

Do you think that fans should stop creating fakemon entirely, or is there another solution to deal with this issue?

 

[UltraGlitterCat]

I love the creativity behind most fakemon and I hope artists continue to design them if it makes them happy or helps them get better at their craft. I wouldn't worry about it negatively impacting or influencing game freak designs. I saw lots of flamingos Pokemon before gen 9 and most of them were water/flying type. That didn't stop game freak from making a dance battler inspired fighting type flamigo.

 

[Luthor]

I’ve always loved creating pokemon and there are so many amazing artists who create their own fakemon. However, after seeing that fan designs make it harder for Game Freak to design new pokemon, lately I’ve been wondering if it’s wrong to make fakemon anymore. There was even an article saying they had to scrap a Flying type eeveeloution because it looked too similar to fan designs.

I don’t want to stop creating designs since Pokemon has always been one of my biggest inspirations, but I also understand why they think that since they want to avoid potential lawsuits from someone saying Game Freak stole their ideas. Ever since the Tera leaks came out, I’ve especially been worried about this since seeing all the designs for the scrapped pokemon meant that Game Freak can’t use them anymore.

Do you think that fans should stop creating fakemon entirely, or is there another solution to deal with this issue?

Sometimes there will be similar concepts used. It may just be that this eeveelution design was extremely visually similar to the point where in this case they were worried and they had to delay it for a bit and just haven't come up with a new design they like (or wasn't needed due to game balance). A flying type eeveelution has been a common fanmade design for a long time (as with all the types of potential eeveelution) and with that many designs eventually one was going to end up similar to a concept that Game Freak independently did. It just means they might need to take a bit longer to design a new one. For something with less popularity probably has a lot less fanmade designs and much less chance for it to be similar. It might also be that the design it was similar to was made 10 years ago and as such even if fans stopped making designs it wouldn't have mattered.

 

[Smeargle-Sketch]

as a fakemon artist on instagram, no i don't see it as anything wrong to do.

what we know about GFs relation with copyright and fakemon designs back in gen 6/7 is different to what it is now. They have stronger copyright laws that pretty much protect them designs that may be similar to fakemon designs.

We have seen as much with Scovillain and a popular two headed fire/grass typed hot pepper fakemon.

 

[Divine Retribution]

Legal and moral are not always the same thing. There is nothing morally wrong with creating fake Pokemon especially if you aren't profiting from it. Whether or not it's legal depends on a lot of other context, and at the end of the day TPC can afford better lawyers than you so if they want to shut you down they're going to do it and it would never be worthwhile to fight them. Even if you win, the process is going to bankrupt you.

Official designs looking "too close" to fan-made designs is a really bad reason to scrap them honestly, and the idea that a fan would be able to sue TPC and win because an official design looks a little too much like their fakemon is almost comical. Better companies have actually collaborated with fans to create official art and designs, but TPC is incredibly zealous in defense of their IP so that will never happen.

 

[Palamon]

Ridiculous question. Of course it's okay to make fakemon. Just don't profit off of a fangame you make of them and you're good.

 

[PrinceOfFacade]

It's not wrong to create Fakemon. It's wrong to commercialize them as Pokémon-related content.

 

[Endless]

No, I only see it as a good thing. Most companies would die for that kind of user generated buzz around their IP.

That said, I do think GF is in the right to do stuff like reject looking at fakemon if you bring it to a meet and greet or similar venues to uphold legal deniability if an official design ends up looking like a fan design. I also think it is smart to never have held any of these fan design contests like other similar franchises have had. Some of the Digimon have been stuck in dubious legal ownership limbo and thus very rarely or never reappear.

 

[PrinceOfFacade]

No, I only see it as a good thing. Most companies would die for that kind of user generated buzz around their IP.

That said, I do think GF is in the right to do stuff like reject looking at fakemon if you bring it to a meet and greet or similar venues to uphold legal deniability if an official design ends up looking like a fan design. I also think it is smart to never have held any of these fan design contests like other similar franchises have had. Some of the Digimon have been stuck in dubious legal ownership limbo and thus very rarely or never reappear.

Sadly, the reason we never got a Flying-type Eeveelution is because there are too many Fakemon of it. The designers can't come up with a design that doesn't look like an existing fanart.

 

[Jesness]

Fan-made OCs are part of every fandom, so I don't see anything wrong with Fakemon as long as people don't try passing them off as real/leaked Pokemon to deceive others or make money.

 

[Nave]

I've created tons of fakemon, but I haven't created any art designs for them. They are purely conceptual, and I focus on names, abilities, movesets, and stat distribution.

My fantasy is that I'll get famous and shop them to Game Freak haha.

For that reason, I don't post them online. But to answer your question, it is not wrong for people that do.

 

[Smeargle-Sketch]

Sadly, the reason we never got a Flying-type Eeveelution is because there are too many Fakemon of it. The designers can't come up with a design that doesn't look like an existing fanart.

luckily they've updated their copyright laws in which if they were do so again, legally they'd have nothing to worry about.

however it just comes down to whether they can validate their own designs or not, I know I have a lot of ideas for fakemon to share on my fakemon insta and tend not to post certain designs if I find others have very similar ones. You want to be able to stand out you know.

 

[Captain Jigglypuff]

I don’t think there’s anything wrong with it. Fan art of all franchises exist and I think creating Fakemon promotes creativity and it is interesting to see what other fans have come up with for new Pokémon. In fact three or four Pokémon I made up in the past became actual Pokémon with two being nearly identical with what I had created and two having the same exact names (although one was spelled slightly different with one letter being different). My version of Leafeon had a jagged leaf edge on its tail and there was no leaf on its head but the colors were the same and the Fakemon that I created that was nearly identical to Mime Jr had two tufts of hair (one on each side of the head) and no clown nose and a nearly identical body shape. Eelectrik is interesting as the version had created was a single stage Pokémon that was Water/Electric and I think that I gave it the Volt Absorb ability and it had lightning bolt patterns on its body and the name was spelled as Eelectric. The eyes were also different and it had the fangs that Eelektross has.

 

[Missingno.Fan]

I don’t see what’s wrong with it. It’s just fan art.

 

[Wulava]

I've drawn Fakemon for years, and it's what led me to be discovered.

I've always dreamt of putting my own designs into a Pokemon game. One day in 2014, I just got a message about an art commission for an indie game. Now I am the Creature Designer/Concept Artist for the Nexomon series.

Don't ever stop.

 

[Ubermuk]

It's only wrong when people make "fakemon" for profit. Morally speaking, I don't get why people who supposedly love Pokemon would try to cheat GameFreak/TPCi/Nintendo out of profits by attempting to make money from their knock-off Pokemon art.

 

[Pokefan_1987]

If any fakemon were truly illegal without takedown notices Then why do you guys think the online unofficial pokemon game fans use that has every possible move, every pokemon and and battle mechanic including dynamax and z-moves ?
-
Because the designers made it absolutely clear that the first and foremost rule are that it is a non-profit game and doesn't rely on donations or allow any advertising. That is why it has been staying under the public radar from nintendo and doesn't have any paid employees either.
That is why nintendo has not been going after it for years.

On the other end, roms on the other hand are different and serious businesses. Nintendo may not like that people have sites that have rom files on their games since they view it as potential losses even though they have not re-distributed game boy games for years.

But a fan game that doesn't use any actual same sprites, no storyline or catching mechanic has been deemed as ok.

 

[Trey pokes]

Not wrong. Just don't treat em as canon.

 

[Ditto B1tch]

Fans should now stop as they may give inspiration to Game Freak create some Pokemon

 

[Just Some Pokemon Trainer]

Not really