OK first off -I am not posting this to start a fight- I am just curious and would appreciate some feed back from someone that is smarter than me-
Re-casters are considered the scum of the earth by many -my question is simple when someone sculpts a kit of a copyrighted subject without the express permission of the lawful holder of the copyright and then sells the resin model for profit then turns around and screams when someone re-casts the very same kit ( which by my thinking is illegal ) They rant and rave about the moral issue when they stole someone elses property in the first place. What am I missing? If I sculpt a Godzilla kit for myself - fine but when I cast it and start selling it without permission from Toho ( or who ever owns the copyright ) do I have a right to complain when someone "steals" from me by recasting? Again I realize there are strong opinions on this matter and I am asking in a civil manner because I just dont understand the issue.
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confused?
Posted: Thursday, May 25, 2006 - 10:35 PM UTC
matt

Member Since: February 28, 2002
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Posted: Thursday, May 25, 2006 - 11:39 PM UTC
I think if it's an Original of YOUR's you own the rights to it..... Now a Modified Figure could lead to some grey area...... Now if it's the Licensing of a "likeness" of a Character..... then Royalties could be involved (but sometimes one time royalty payments can be done as well)
Posted: Thursday, May 25, 2006 - 11:43 PM UTC
What about an original Spider man or godzilla or Karloff frankenstien these are the property of others- I guess if I did a completely original Frankenstien based on the book Frankenstien by Shelly it would be different because there was no visual context
matt

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Posted: Thursday, May 25, 2006 - 11:50 PM UTC
I think an Original sculpt... even if it's based on a Picture or another figure is still and "Original" Now the trademark / Copyright holders of the "name" (not necessarily the "likeness") is where they get you..... Say I sculpted a "Punisher" likeness... But called it something else.... there might not be any legal grounds....(there are several Manuf. out there doing that Terminator = Cyborg etc......
Posted: Friday, May 26, 2006 - 12:13 AM UTC
What if he is dressed in all black with a big skull on his chest?
matt

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Posted: Friday, May 26, 2006 - 12:31 AM UTC
Now.... Even in the Comics there have been several variations of the Skull.... Not to mention "variations" of the Character himself. I think allthat's copyrited is the Name...... I've seen one and I don't recall the "name" but you can see it's meant to be the punisher....
I thought Andrea did one But I can't find it.... But take a look through thaier "general" range:
http://www.andrea-miniatures.com/market/AspsProductos/Detalle.asp?IdProductoDetalle=690
I thought Andrea did one But I can't find it.... But take a look through thaier "general" range:
http://www.andrea-miniatures.com/market/AspsProductos/Detalle.asp?IdProductoDetalle=690
Halfyank

Member Since: February 01, 2003
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Posted: Friday, May 26, 2006 - 02:12 AM UTC
To be honest I think John has a very good point. A while back there was a review of some figures, and one of them was obviously supposed to be Lara Croft, Tomb Raider. I can't recall what it was called, but it was similar enough to Tomb Raider there was no doubt in anybody's mind who it was supposed to be. In answer to my question somebody said it was done to avoid copywrite issues. Now whichever company did it, they were "bending the rules" so they could sell a figure. They may have done it because they knew darn well that if they ever tried to pay the roylaties on the figure there would be no way they could ever sell enough of them to justify that expense. That really doesn't matter though, they stole the likeness of that figure and they are wrong.
Now as to re-casters I suppose they could take a figure, say it was called "Pusan Marine", change the helmet in some way, call it "Pusan Soldier" and sell it as their own. How would that be different from the figure I mentioned above? It seems to me that would be legally, if maybe not morally, correct.
Where re-casters are totally wroing, it seems to me, is they take a figure, call it the same as the original, box it so it looks like the original, and sell it to people thinking they are getting the original, and making money that way. That's wrong.
Now as to re-casters I suppose they could take a figure, say it was called "Pusan Marine", change the helmet in some way, call it "Pusan Soldier" and sell it as their own. How would that be different from the figure I mentioned above? It seems to me that would be legally, if maybe not morally, correct.
Where re-casters are totally wroing, it seems to me, is they take a figure, call it the same as the original, box it so it looks like the original, and sell it to people thinking they are getting the original, and making money that way. That's wrong.
ShermiesRule

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Posted: Friday, May 26, 2006 - 05:25 AM UTC
I believe technically you or I can't legally sculpt a Spiderman without permission. Remember that copyright has little to do with making money or personal use. It's about control of the image. I doubt that Marvel is going to come after you for sculpting a Spiderman in your home and painting it up. However if you enter it in a contest and make it public they might decide to come after you.
Video and music fall under a different ruling with regards to fair use.
Video and music fall under a different ruling with regards to fair use.
Posted: Friday, May 26, 2006 - 05:28 AM UTC
Quoted Text
To be honest I think John has a very good point. A while back there was a review of some figures, and one of them was obviously supposed to be Lara Croft, Tomb Raider. I can't recall what it was called, but it was similar enough to Tomb Raider there was no doubt in anybody's mind who it was supposed to be. In answer to my question somebody said it was done to avoid copywrite issues. Now whichever company did it, they were "bending the rules" so they could sell a figure. They may have done it because they knew darn well that if they ever tried to pay the roylaties on the figure there would be no way they could ever sell enough of them to justify that expense. That really doesn't matter though, they stole the likeness of that figure and they are wrong.
Now as to re-casters I suppose they could take a figure, say it was called "Pusan Marine", change the helmet in some way, call it "Pusan Soldier" and sell it as their own. How would that be different from the figure I mentioned above? It seems to me that would be legally, if maybe not morally, correct.
Where re-casters are totally wroing, it seems to me, is they take a figure, call it the same as the original, box it so it looks like the original, and sell it to people thinking they are getting the original, and making money that way. That's wrong.
Sounds rational to me -there should always be truth in the advertising don't mislead people to make a buck!
matt

Member Since: February 28, 2002
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Posted: Friday, May 26, 2006 - 03:50 PM UTC
The Whole Intrernation part makes it all even more confusing..... and Difficult to enforce. I guess it's really up to the Copyright holder to decide what to do. (enforce or not) It could also depend on the "Numbers" They're not always gonna go after the "small fish" making figures in small quantities, If there's bigger fish... say reprinting Comics.....
WingTzun

Member Since: February 01, 2006
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Posted: Friday, May 26, 2006 - 09:08 PM UTC
John, I don't claim to be smarter than you but your whole arument explains why we have so many lawyers in the world. It always depends on what the defintion of "the property" being re-cast is. Look at the whole Harley-Davidson vs Brand X debate. I've seen so many Brand X knock offs that look just like mine and others' authenthic Harley's. How do they get away with it? I guess you can take the arument that Harley didn't invent the motorcycle. So at some point you have to decide where do you draw the line then some one comes along and pushes the boundry and starts the debate all over
Posted: Saturday, May 27, 2006 - 01:31 AM UTC
I was just seeking feedback from a community that i respect and is directly impacted by this, I don't claim to have the answers just looking for them.
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