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Scratchbuilders!
Built a model or part from your own materials lately?
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Copying (Building) someone else's work?
sneakypete
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Armed Forces Pacific, United States
Member Since: June 10, 2006
entire network: 149 Posts
KitMaker Network: 20 Posts
Posted: Wednesday, July 20, 2011 - 02:10 PM UTC
I have a question on the legalities of copying someone else's work.

Here is the scenerio.... I have found some really cool drawings and 3d models on the net and would like to build some of the vehicles I have seen. Do I have to ask permission from the artist? What if I decided to cast and sell it, do I have to get their permission then? What is the procedures? I just would hate to build it then have some ya-ho come and sue me.

I would think its alright since everyone scratch builds to make parts or model companies make a "BlackHawk" seemingly without permission from Sikorsky or United Technologies and even use the name and nomenclature. There never seems to be problems with that
.
Any feedback would be cool.
Thanks in advance,
Dan
Sammuel
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California, United States
Member Since: September 02, 2008
entire network: 200 Posts
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Posted: Wednesday, July 20, 2011 - 04:21 PM UTC
I would go for it!

That would be like me scetching out one of Leo Di's paintings and getting in trouble for it. No way, unless you plan on mass production and selling them.

Just do it!!

Sam
retiredbee2
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Florida, United States
Member Since: May 04, 2008
entire network: 757 Posts
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Posted: Wednesday, July 20, 2011 - 05:55 PM UTC
Most of us that make casts from other work use it for ourselves and not for resale. I made one of a MiniArt building but only because I screwed up the cutting out of the parts. The plaster cast came out better than the original. Started the diorama and got about half way thru it and I saw someone elses same building and the same vehicles very similar to mine. Now I have to change the vehicles to keep from looking like a copy cat. Most people who make casts of other work feel it unfair and unethical to try and sell it. Think of the golden rule.................
retiredyank
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Arkansas, United States
Member Since: June 29, 2009
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Posted: Wednesday, July 20, 2011 - 08:50 PM UTC
Simply put, if you don't distribute it and give due credit there should be no problem. This is a *insert item(s) here* cast and finished by me.
exer
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Dublin, Ireland
Member Since: November 27, 2004
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Posted: Wednesday, July 20, 2011 - 09:00 PM UTC
If you're doing it for yourself then go for it but give credit to the original artist with a link to the original site.

If you decide to cast and make it then you should ask permission because you are using an original idea by someone else to make money
Grauwolf
#084
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Quebec, Canada
Member Since: September 14, 2005
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Posted: Thursday, July 21, 2011 - 04:45 AM UTC
Ahoy Dan,
If you are scratchbuilding an item based on someone's work, you own
that scratchbuild item since you created it.
If have based your work on someone else's idea, permission is not required
even if that person has a copyright over that item.
If you now intend to sell that item, you definitely need permission as you
are now marketing something that was desiged by someone else even
thought you took a drawing and yourself turned it into a physical item.
There are many exceptions but the best person to answer those specifics
is a copyright lawyer.....
Have a great day
Cheers,
Joe
retiredyank
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Arkansas, United States
Member Since: June 29, 2009
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Posted: Thursday, July 21, 2011 - 12:56 PM UTC
Ask the creator for permission to market the part he or she designed. Most likely, they will ask for royalties. However, they may have sold the design to another manufacturer. This means that manufacturer would most likely have domain over the design. If the owner retained his or her full rights to the design, no need to worry about the manufacturer. If they sold their rights or part of, you will need to speak with the manufacturer in which they are in agreement with.
I can put it in legalese as well, but it is even more confusing. Spent a few years writing leases on oil wells and property ownerships.
semijoe
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New Jersey, United States
Member Since: May 21, 2011
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Posted: Sunday, July 24, 2011 - 01:34 AM UTC
as long it doesnt have a copy rights on it ,you can make it.

ive had 4 items copied from others and i cant do anything about it.
jashby
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Queensland, Australia
Member Since: July 01, 2009
entire network: 278 Posts
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Posted: Sunday, July 24, 2011 - 12:30 PM UTC
The way I see it is it's like asking a girl out on a date. Approach them politely, give them a compliment, and then ask. The worst that can happen is they say no and you go home and fantasize about what could have been.
Spiderfrommars
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Milano, Italy
Member Since: July 13, 2010
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Posted: Sunday, July 24, 2011 - 11:16 PM UTC

Quoted Text

Ahoy Dan,
If you are scratchbuilding an item based on someone's work, you own
that scratchbuild item since you created it.
If have based your work on someone else's idea, permission is not required
even if that person has a copyright over that item.
If you now intend to sell that item, you definitely need permission as you
are now marketing something that was desiged by someone else even
thought you took a drawing and yourself turned it into a physical item.
There are many exceptions but the best person to answer those specifics
is a copyright lawyer.....
Have a great day
Cheers,
Joe



Yes, I agree these are more or less the rules. But as far as I know if the original drawing doesn't have any copyright protection, you can copy it without permission. Obviously that's a little bit uncorrect behaviour, but is not prosecuted by law...but of course, the designer could try to sue you...Probably if the drawing isn't protected, the best way should be asking a permission to the autor in any case

Anyway, those are the laws here in Europe, I don't know anything about other countries
retiredbee2
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Florida, United States
Member Since: May 04, 2008
entire network: 757 Posts
KitMaker Network: 180 Posts
Posted: Monday, July 25, 2011 - 01:40 AM UTC
seems like you are going through a lot of trouble to do all this. Why not forget about it , keep it simple and come up with your own ideas. No drama. Do your own work .......................
sneakypete
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Armed Forces Pacific, United States
Member Since: June 10, 2006
entire network: 149 Posts
KitMaker Network: 20 Posts
Posted: Monday, July 25, 2011 - 03:43 PM UTC
Thanks for the input from everyone. I have just been kicking it around in the old brain housing unit and not kicked off anything. But I think that I will just build the thing myself and not try to market it.

I will post something once I get it moving, in the mean time lets get back to carving up the plastic.

Best regards,
Dan
retiredbee2
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Florida, United States
Member Since: May 04, 2008
entire network: 757 Posts
KitMaker Network: 180 Posts
Posted: Monday, July 25, 2011 - 04:30 PM UTC
Think of it this way Dan................. once you start building stuff for sale ,on regular basis, it is no longer a hobby. It is a business . It will no longer be for fun, but for work. As for me , I would say keep it simple ,and keep things fun, but then everyone is entitled to their own opinion. No stress ,no problem. ......................read your profile........thanks for your service.......Al
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