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View Poll Results: Customs...Legal or illegal? | |||
Customs should not be made because of infringement! | 9 | 10.34% | |
I don't care either way.... | 22 | 25.29% | |
We should be able to make/show/sell whatever we want! | 56 | 64.37% | |
Voters: 87. You may not vote on this poll |
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Thread Tools |
06-03-2011, 03:52 PM | #11 |
Joe Curator
Join Date: Mar 2008
Location: The Frozen Tundra
Posts: 1,080
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I'll have to dig into the books, but I believe making a "tribute" item - be it art, figure, song, etc...for PERSONAL use is completely legal. However, if you try to profit from it, then you're profitting copyrighted material without consent from the rights holder and that's illegal. Even if you don't want it anymore, it illegal if the rights holder wants to pursue it. If you give it away, however, that's getting a little more grey.
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06-03-2011, 04:00 PM | #12 |
[email protected] 4 BST
Join Date: Oct 2008
Location: HELL
Posts: 6,074
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Quote:
I'll have to dig into the books, but I believe making a "tribute" item - be it art, figure, song, etc...for PERSONAL use is completely legal. However, if you try to profit from it, then you're profitting copyrighted material without consent from the rights holder and that's illegal. Even if you don't want it anymore, it illegal if the rights holder wants to pursue it. If you give it away, however, that's getting a little more grey.
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06-03-2011, 04:01 PM | #13 |
Hisstank.Com General
Join Date: Sep 2007
Location: San Francisco Bay Area
Posts: 5,841
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Quote:
Now, if you buy a Marvel Universe figure and turn it into Superman, you are hurting DC/Mattel's chance at making money off of the property they own. Now, customs are such a small market that when someone does a one off it just isn't really worth their time to try and stop it. However, if someone came up with a way to produce them at levels that could affect Superman toy sales, then Mattel would definitely go after that person. |
06-03-2011, 04:01 PM | #14 |
Crimson Guardsman
Join Date: May 2011
Location: New England, USA
Posts: 44
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Quote:
I purchased the album, it is mine, i own it. Yet somehow some musician performed some legal jiu-jitsu and now all of a sudden even though I paid for and possess a copy of their music, it STILL belongs to them. As far as music goes, if you're not allowed to own it and do what you want with YOUR purchase, I say why bother. As for Joes and action figures, there has never been a high-profile law-suit like that, and I hope there never is because that would RUIN action figures for about HALF of us. If you buy a stock Chevy and customize it, is that illegal? Absolutely not. There are limits if one wants to keep the Chevy road-legal, but cuztomization is in no way illegal. Selling custom cars is not illegal. As far as action figures go, there's no way that you can customize something too much until it becomes a danger to yourself and others, so there should be ABSOLUTELY no limits on customizing toys. I fuckin swear if America makes a law against CUSTOMIZING TOYS we would be the country with the WORST friggin priorities. I would like to see a link that supports the theory that customizing is illegal, because that just sounds absolutely ludicrous. Im'a google it too. |
06-03-2011, 04:02 PM | #15 |
Iron Grenadier
Join Date: Feb 2009
Location: Portland, Or
Posts: 697
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What about buying a model kit, assembling, painting, and then selling it. Couldn't the model maker issue a C&D order?
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06-03-2011, 04:02 PM | #16 |
Hisstank.Com General
Join Date: Mar 2011
Location: USA
Posts: 16,671
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Has there been an issue with legal action against figure customizers here in the U.S.?
I've heard about a case in Japan, but nothing here. If you are getting into repro stickers, i think that is an entirely different animal...
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06-03-2011, 04:03 PM | #17 |
INDUSTRIAL NOISE MARINE
Join Date: Oct 2009
Location: Beneath an abandoned power station UK
Posts: 2,105
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Simply solved,firstly dont make exact versions,secondlyjust change the name of the custom:
Snake eyes=reptile visor Serpentor=snake king As for sales,just use a variation on the trick all those rip-off sellers use on ebay,give the figure away but charge the asking price for shipping. No money has actually changed hands for the non-copyright infringing homemade action figure=therefore no foul.........
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06-03-2011, 04:03 PM | #18 |
[email protected] 4 BST
Join Date: Oct 2008
Location: HELL
Posts: 6,074
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Quote:
You can't sell pirated CD's. And evidently you can't sell pirated stickers either (though they were custom and not exact replicas) So perhaps we shouldn't be able to sell customs.....they should write that law clearly.
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06-03-2011, 04:04 PM | #19 |
***** Enforcement Agent
Join Date: Jan 2009
Location: Louisville
Posts: 3,043
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customs are not illegal to make.
using your example...making a custom snake eyes...that looks like snake eyes that you named snake eyes...well then you're just doing hasbro's job, but you're entitled to make whatever you want. Now...when you go to sell your custom made snake eyes that looks like snake eyes and you call it snake eyes...that's infringing why? well let me back up a moment. When you say "made to look like snake eyes" are you referring to an already produced figure? or are you referring to the famous "eyewear" that snake eyes is famous for? because if you're making a "custom" of an already produced figure...then it's not a custom it's a knockoff...and unless it's cheaper than the source material...no one would buy it...not even if they loved you. I mean who wants a replica v87 snake eyes? now if you're using the source (in this case snake eyes) as inspiration to make a unique rendition of snake eyes...meaning...he looks different than any other version ever produced/ilustrated...then this theoretically is OK...but i would call it the "grey area" just for legality sake. the word "custom" implies "unique" "different" "special"...a "custom" snake eyes (for instance like the one used in "all that remains" story line...that's a custom snake eyes...(didn't mean to plug it...but it's what came to mind off hand.) he's more snake eyes in "name only" than bearing any actual resemblance to the familiar black clad bad ass that we all know. replica, copy, knock-off, boot-leg is something completely and totally different. whether you announce it as such or not...for a trademarked/copyrighted/patented/etc item...it's illegal...not technically illegal...it's just illegal. Who's the victim? well the buyer for one if they are not aware, but the owner of that copyright/etc regardless. Are they losing money over it? yeah if it's a currently produced product, are babies starving because of this outrageous act? I sure as hell hope not. However if one were to have a business based off of the production of boot-leg items and terming them as "customs" to circumvent the legal issues...then perhaps they should explore a new avenue of income, or take the business underground and realize that what they're doing is legally wrong |
06-03-2011, 04:05 PM | #20 |
Crimson Guard
Join Date: Mar 2009
Location: sitting in my tin can far above the world
Posts: 3,933
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The choices in the pole are missing an option.
Basically 1. Customs should not be made. 2. I don't care 3. I should be able to sell anything. how about 4. Customs are ok to make but profiting off of them if I don't have license to is not ok. might help the results from getting slanted.
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