on customizing for profit and copyrights

first off mods if this is in the wrong spot please feel free to move it. I was wrestling with a conundrum as of late and i am hoping you guys can shed some light on the topic for me. i am understanding that if you copy gijoes characters and sell them for profit you are in fact engaging in copyright infringement. am i correct in this? if so if you merely take parts from joes and repaint them to make other joes or customs for profit are you still engaging in copyright infringement? now if you take a vehicle that has been produced but repaint and sell it for profit are you infringing? or is it a whole different story than if you were to cast say a mauler and sell it as a mauler? any light you can shed on this would be greatly appreciated.

Originally Posted by gijoe071681

first off mods if this is in the wrong spot please feel free to move it. I was wrestling with a conundrum as of late and i am hoping you guys can shed some light on the topic for me. i am understanding that if you copy gijoes characters and sell them for profit you are in fact engaging in copyright infringement. am i correct in this?

No. A picture or story is protected by copyright law, but a character is protected by trademark law.

Originally Posted by gijoe071681

if so if you merely take parts from joes and repaint them to make other joes or customs for profit are you still engaging in copyright infringement?

Again, it's an issue of trademark protection, rather than copyright, but in order to establish a violation of Hasbro's trademark rights, they would have to prove in a court of law that a custom figure would create confusion among their customers and cause a financial loss for them. If you're selling a custom on eBay as a custom, you're very clear about the fact that it is a custom, and it is unique (not a copy of something Hasbro sells/has sold), it's a case they could never win.

Originally Posted by gijoe071681

now if you take a vehicle that has been produced but repaint and sell it for profit are you infringing?

Absolutely not.

Originally Posted by gijoe071681

or is it a whole different story than if you were to cast say a mauler and sell it as a mauler?

That's a little different. If you did that and sold items that looked identical, or even very close, to something Hasbro had themselves sold, you start moving toward the confusion I mentioned earlier. Also, mass production is much different than a single custom, because this begins to compete with Hasbro, making it easier for them to demonstrate financial loss. In this last example, it is clearly actionable trademark infringement.

okay now onto a second part what if you create part of the parts for an incomplete vehicle as long as you state when and if you attempt to sell it that it was finished with repro parts is it infringment?
and also what if you create a vehicle is a small quantity to sell as a custom is it infringement that is prosecutable by law?

Originally Posted by gijoe071681

okay now onto a second part what if you create part of the parts for an incomplete vehicle as long as you state when and if you attempt to sell it that it was finished with repro parts is it infringment?

At that point, all you're really customizing are parts, so no.

Originally Posted by gijoe071681

and also what if you create a vehicle is a small quantity to sell as a custom is it infringement that is prosecutable by law?

If it's like you described, something cast from an original Hasbro item, and you produce multiples, then "small quantity" is something that would be decided when (and if, obviously) the law is interpreted in court. It's probably not a good idea, but then again, every reproduction label with a Cobra or G.I. Joe logo on it is an example of trademark infringement, so there's no way of predicting when and where Hasbro would choose to act. As long as Hasbro continues to produce items with those symbols, they're in no danger of losing their trademark rights, so it's just a matter of what they're willing to tolerate.

yeah i know this has gotta be getting old but i have yet another question. what are the procedures for getting hasbros permission to replicate something that they had at one point but no longer have the molds for and if you do so are they really going to lose financially if you do so ? as they are not currently making it. and does anyone have a clue how master collector gets to make the vehicles?

Great subject!!

First off...I'm gonna throw my "thoughts" on the subject.

Copywrights:

As CC posted...if its listed as custom, you should be alright. Hell...you could go so far as to put "GI Joe - like" in the description.

Secondly: If joe shmoe thought of it...and hasbro didn't. WHY THE HELL DIDN'T HASBRO THINK OF IT FIRST? Seriously? They are the repaint kings. Don't bitch cause you missed out on a un-tapped market.

Thirdly: If you are producing a part....THAT IS OTHERWISE NOT AVAILABLE...how can they claim lost sales? Specifically....lets look at the Wolverine tow cable. If one of the great molders out there (looks at the fine guys at GTGcustoms) were to take an unbroken one...create a mold and reproduce it...well, how did the big H lose money? They aren't producing the Wolverine anymore....let alone the parts for it. I would think they have no case to stand on there. (I am in no way a lawyer...just a man typing his thoughts). The only lost revenue is the ebay sellers who own the originals and are willing to part with them (check ebay....very, very, very, very few are).

Bottom line of how I see it...if joe shmoe (looks at himself as joe shmoe)...thought to repaint the DTC rhino in Python colors...and those guys at Hasbro pulling down major salaries in the "thought" process didn't....well, the wrong guy is working there.

People have always customized...and always will. Hasbro even gave a nod to such customizers when they went outside the box and gave some of the designers some lee-way to play.

This is a subject that isn't black and white....the gray area is very, very, very large. What about the guy who makes repro decals? What about the guy who throws repro decals on a non-gijoe item (again, looks at self)?

If you makes something that people have been asking for....good for you, great for the people who need/have been asking for it. For Hasbro to whine? Bullsheet....the market was there, it was advertised...if they wanted to take part in said market...they would of. You sometimes have to spend a buck...in order to gain a long earned 10 bucks. Give the few what they desire...and the masses will recognize it.

Basically, if you state that its a custom figure [thus not endorsed by Hasbro] you should be in the clear.

The glider I'm making is not a direct copy of the toy. The glider as a toy is HUGE! The repro custom glider I want to make is based off the design, but not a direct copy of it.

The camo pattern won't be the same, the colors or how the figure attaches to the glider. The photo I used was for size comparason.

u should be safe.Hell when I was repaint some spawn figures such as this one.



and this one



The almighty todd himself asked me if he could use them for the reborn lines he did and is going to redo.

Originally Posted by gijoe071681

yeah i know this has gotta be getting old but i have yet another question. what are the procedures for getting hasbros permission to replicate something that they had at one point but no longer have the molds for and if you do so are they really going to lose financially if you do so ?

Since they could do the same thing with their intellectual property, then they could claim financial loss. As for getting permission, you would have to pay for the license to do so.

Originally Posted by gijoe071681

and does anyone have a clue how master collector gets to make the vehicles?

Yes. They have a contract with Hasbro and pay for certain rights to the licensed property.

Originally Posted by Hicks_Royel

Basically, if you state that its a custom figure [thus not endorsed by Hasbro] you should be in the clear.

That all depends. Hasbro has been known to defend their trademark rights against people selling "reproduction" work before, but they have allowed others to continue. If you're doing stuff one at a time and by hand, though, you're pretty much safe.

Originally Posted by bigbadwolfdaddy

The almighty todd himself asked me if he could use them for the reborn lines he did and is going to redo.

Repainting isn't the same as producing a protected character. All you're doing is painting your personal property and selling it, which is fine. If you start casting stuff, though, you're moving into different territory. Each company differs in how they protect their rights, too, and sometimes the same company will approach two similar situations differently.

Customizing figures or vehicles generally isn't going to be a problem, and producing reproduction parts would most likely be allowed to slide, but casting old vehicles and producing multiples of them could be risky business. It would all just depend on whether or not Hasbro noticed it or decided to act on it.