In addition to LEGO’s statement this week, the company’s terms of use do include a clear statement on what LEGO considers fair use for its products, logos and other trademarks.
“We can’t allow the use of LEGO copyright materials such as brand names, logos and trademarks like the 2×4 brick or the LEGO minifigure for commercial purposes such as promotional campaigns, marketing and PR,” The LEGO policy states. “This also applies to items such as building instructions and parts.”
So, while LEGO does actively promote the creation of LEGO stop motion videos, and even provides a video editing program to make them, it does not allow the use of LEGO products and trademarks in commercial projects like a music video for a professional band.
Still, Iero feels creators should be able to use the blocks and mini-figures for creative purposes, something he and his fans believe would actually help promote LEGO.
“Let Creators Create,” Iero wrote. “Have your people stop calling my people. Spread kindness, spread the creativity, spread the word. Leggo My Lego.”
While LEGO may have a strong case for its brand protection policies, some fans seemed to side with the band. “As a Lego lover and avid builder, this is a bummer,” one fan tweeted. “Their whole thing is letting people create what they wanna create.” Another wrote: “Huge fan of both Frank and Lego feeling pretty bummed out by this. Not cool.”
Yet another fan agreed with Iero’s argument that the videos would help LEGO, rather than hurt the brand, saying, “Com’on @LEGO_Group, the boys in @lsdunes are giving you free advertising. Be cool.”
But others sided with LEGO, with one saying, “I’ll assume you used their brand in a way they deemed inappropriate and are wanting to protect it. Seems reasonable.”
The case is not without precedent, as LEGO had also moved to prevent a dissident Chinese artist from building an art installation in 2015.
Ai Weiwei says Danish toymaker Lego refused his studio’s request for a bulk order of the plastic toys on political grounds.
In an Instagram post, the artist said Lego had refused the bulk order in September, quoting the company as saying it “cannot approve the use of Legos for political works.”
The bulk order by the artist would have been used to create an artwork to be shown at the National Gallery of Victoria in Australia later that year.