I'm looking at this issue, and I'm trying to put myself in other shoes. It's difficult, because I'm not a multinational corporation, or any kind of large business entity.
But I play a game in my head to examine issues like this, and here's how the "let's pretend" games went in my head today
...
My roleplay character:
Let's pretend I'm an indie comic artist. And I draw, write, and therefore own this comic and the characters I made.
Roleplay situation 1:
I ask myself how I would feel if someone made a doll of one of my characters for their own use. Maybe they brought it to a convention to show me at my artist booth or something.
The reaction:
I would be flattered. I'd love it that they were so inspired by the art I made, that they made a tribute to it for themselves. Heck, I might even be inspired by it, to make dolls of my characters and sell them. Over all - a good, happy, inspiring experience for me.
Roleplay situation 2:
I ask myself how I would feel if I were at a convention, and I find out that someone is selling dolls that represent my characters to other people without my knowledge or gain.
The reaction:
I would be upset. I spent a lot of time making those characters and the comic, and someone else is using me to make themselves money. I would not think it was a fair use of my intellectual property.
Legal Reality ...
The reality is, it's illegal to sell someone else's intellectual property without their consent before it becomes public domain, whether they are a big company or a small indie artist.
I'm not a large business or multinational whatever, but forget about laws for a minute, and let's think in a general moral sense ... Should this make a difference? Should we feel justified in selling intellectual property of large businesses:
-Simply because the idea is so widely popular that we feel it should be public domain?
-Simply because they already make so much money that it shouldn't matter that we make a couple hundred bucks from selling copies of their intellectual property?
-Because we feel that we don't have the leverage from our own talent and creativity to make much money on our own designs when competing against the huge corporations?
-Because other people, some of them large corporations, are already getting away with doing this?
Good questions ...
-Whystler