What’s Going On With The Sylvanian Families Legal Battle?

While Thea Von Engelbrechten was busy creating miniature dramas with her childhood toys, the Sylvanian Families, it seems a not-so-mini drama found its way into her real life – after being accused of copyright infringement by the toys’ parent company, Epoch.

The Kildare-based content creator began making videos in 2021, using Sylvanian Families toys as the cast for her dark, satirical mini-dramas. Her skits tackled heavy themes like abusive relationships, toxic family dynamics, addiction, and mental health – all laced with pop culture references and social critique.

In an interview, she explained that the inspiration came from shows like Desperate Housewives and Pretty Little Liars. But what started as a way to kill boredom quickly turned into something much bigger – bringing her both online fame and unexpected financial opportunities.

@sylvaniandrama #ad #squidgame ♬ original sound – Sylvaniandrama

After her videos amassed millions of views and likes, she landed collaborations with high-fashion houses such as Burberry and Marc Jacobs, weaving their products into her miniature parodies. The view counts kept climbing, the fan praise grew louder, and an ever-wider circle of global brands crowded her inbox. Everything looked flawless – until it didn’t.

In April of this year, the Japanese company Epoch – the producer of the Sylvanian Families toys — filed a lawsuit in the U.S. against Von Engelbrechten, accusing her of breaching copyright law. The lawsuit claims that by publishing dark, satirical videos and branded content featuring the toys – without Epoch’s permission – Thea had misused a product intended for children.

According to Epoch Company, the alleged misuse lies in Thea’s continued portrayal of children’s dolls in dark, adult-themed content – something they claim causes “irreparable injury” to the brand’s reputation and affects their market performance. However, judging by the company’s revenue, it’s difficult to argue that Thea’s videos caused any financial or reputational harm — if anything, the opposite may be true.

@marcjacobs Body bags, now available online and in selected stores 👜 @Sylvaniandrama ♬ original sound – marcjacobs

Until August 2023, Epoch’s profits held steady, with the usual spikes during the festive shopping rush in November and December. Interestingly, this peak coincided with the rise in popularity of Thea’s viral satirical video, posted on November 17, 2021. From 2023 onward, the company’s revenue showed steady growth – right up until Thea stopped posting her skits in 2024.

While it’s understandable that the company targeting children is be concerned about its products being linked to adult content, it’s also worth acknowledging what Thea brought to the table. She revived interest in the Sylvanian Families toys, introducing them to a whole new target audience – many of whom might never have discovered them otherwise.

When it comes to the copyright infringement claims – largely centred around the fact that Thea is making money from her videos – U.S. law doesn’t just slam the gavel. While US law allows for Epoch to copyright right the ownership and commercial use of the Sylvanian Family toys, the First Amendment of the US constitution fiercely protects creative expression.

@sylvaniandrama♬ Fortunate Son – Creedence Clearwater Revival

Thus, Thea has argued the fair use doctrine in her suit against Epoch. A court when determining a case of potential copyright infringement must look to the 4 guiding factors of the fair use doctrine.

In Thea’s case, factor one and four (the most important factors in many cases) stand out like glitter on a dollhouse floor:

1. The purpose and character of the use – and here, it’s crystal clear: her videos are unmistakably transformative. She didn’t just use the toys; she gave them new lives, new voices, and new relevance –  turning nostalgic figures into biting commentary.
2. The effect on the market – which, if anything, seems more helpful than harmful.

Thea never claimed the toys as her own, nor did she directly compete with or seek to undermine Epoch’s original product. Instead, she repurposed the familiar figures in a satirical and creatively distinct way, using them to tell dark, fictional – yet strikingly relatable – stories that carry artistic merit.

Whether or not her work qualifies for copyright protection is now in the hands of the courts – but in the court of public opinion, many are watching with bated breath. They’re not just hoping for a fair outcome, but for the possible comeback of the depressingly hilarious skits.

Words by Dana Shmyha