|09-09-2008, 11:16 PM||#11|
Join Date: May 2008
Location: Deltona, Florida
They've encouraged the customizing of figures as if they were model kits. They couldn't/wouldn't sue any more than Revell could. They've specifically indicated that people can sell their customs. They've also specifically stated that their art including logos could not be used to make any custom packaging.
The mythical percentage something has to change to be ok is a fallacy. It is almost an "urban legend". If the original holder chooses to sue for your derivative work, all they have to do is show that their original is recognizable. For example, I cut out the face of Scarlett's card art and place it on an original painting of a new character. Obviously the Scarlett card art has changed more than 90%, but all they have to do is show that I've made a derivative without permission. The key is *without permission*. As I stated previously, they've already given permission on customs and refused permission on cards.
Taking it beyond Hasbro: If I were to swipe a photo off the Net, and crop, resize, color change and filter the work for my own site, the original copyright owner still has legal recourse if they can prove their photo was used.
If I were to take a 3% snippet from a book and put them into my own work, the copyright holder can still sue.
Parts for female action figures & dolls
|09-10-2008, 03:27 AM||#12|
Join Date: Sep 2007
Location: Dallas, TX
Hasbro legal has a job to do, and if they knowlegably fail to do so, it can lead to tremendous problems for them in terms of copyright enforcement. It's practically never anything personal, and usually targeted at those things in specific. Lucasfilm (and their properties) are another issue altogether, and their lawyers are flesh-eaters.
As for a "percentage" is it not really a fallacy so much as a misunderstanding. There is a specific bar or test that will be levied if a case if brought to court called the "Sleekcraft Test". This refers to the original case which was two boat companies (Sleekcraft and Slickcraft) whose has almost identical products and logos (one being the imitator of the other). If there is a reasonable chance of consumer confusion at the retail level of these similar items, then the original copyright/patent/trademark holders has precendence and is eligible to sue for damages and infringment.
As for modified parts being a certain percentage, as long as there is reasonable and significant difference between the original and the final modified product, then most likely your are in the clear. There is no magic number per se'.
Also, a word about C&D Letters. They are just what they say: an official letter from the parent company saying "stop doing what your doing because what you are doing is too much like what we do, and we don't like it". They are a simple, non litigious tool that is used as a scare tactic or official notice. Most times (if you get one) if your really infringing, you'll know it, but most times it is just a "HEY! STOP THAT!" kind of deal.
Last edited by Alyosha; 09-10-2008 at 03:37 AM.. Reason: addendum
|09-10-2008, 08:16 AM||#13|
Join Date: Apr 2007
Location: Euless, Texas
I do believe the rule is "As long as the figure is stated to be a custom and not at all affiliated with Hasbro and or their partners the custom is fine" Along with "No custom packaging that is in the likeness of Hasbro and their products can be made and sold under copy rights and trademark infringment laws"
And Skyhawk.. the percent changed that you are refering to is the same as comic book Characters and the likeness.. it's only 10% or 10 points of iconic characterization that must be changed.
Or I could just go to the last page and read before posting and notice that Aly beat me to the punch. LOL
Looking for one Danger at the Docks Exc.
My B/S/T List:
|09-11-2008, 08:47 AM||#14|
Join Date: Jul 2008
It depends from line to line, honestly. A guy on the TF boards had a Dark Knight custom pulled from eBay twice. Like with Star Wars, there's a third party licensor involved, and if Lucas or DC Comics or whoever is concerned about potential infringements, then that's a whole other kettle of fish relative to Hasbro, who seem to be pretty laid back about it... as long as you don't piss off Legal.
The main thing is not to do up your custom in a way that might potentially confuse buyers that what you're selling is an official product. For most people selling on eBay, etc, you're probably fine just putting CUSTOM TOY all over the auction and pointing out that it's not an official thing, it's a fan production, blahdeblahdeblah. Personally, I'd avoid custom cardbacks and things like that just to be on the safe side (and if you did do one, I'd put a disclaimer on the back with all the "fine print" along the lines of "this product is a fan creation and in no way represents an attempt to infringe upon trademarks held by Hasbro, Inc. PLZDONSUE!!").
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