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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, 03:27 PM | #1 |
[email protected] 4 BST
Join Date: Oct 2008
Location: HELL
Posts: 6,074
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Title says it all.
A custom figure (if not 100% original in name and form) could be considered a trademark violation = infringement. If you make a Snake Eyes custom that looks like Snake Eyes, and you publicly call him Snake Eyes, and you say it is a custom GI JOE, and etc.... You could say....cool custom that rocks and there is nothing wrong with it. (OR) You could say that it is in violation of trademark laws with numerous counts (Snake Eyes Image, Name, GI Joe Name, etc.) because after all...it is an unoffical product...only Hasbro and it's affiliates have the right to make GI Joe Snake Eyes. So there will be people on both sides of the fence...."Legally" speaking...it is illegal....but what is your opinion? Should people have the right to make (and Gasp) sell the items they create, or should the law shut everyone down? JOIN IN THE FUN!
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06-03-2011, 03:35 PM | #2 |
Cobra Viper
Join Date: Feb 2009
Location: NYC
Posts: 349
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Making them is 100% legal, selling them is illegal since you're taking advantage of someone else's IP to make money for yourself. I both make and sell customs, but I understand that it's completely within the rights of whoever owns the characters to send me a cease and desist - and I'm cool with that. We're playing in these people's playgrounds. They can kick us out if they want.
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06-03-2011, 03:37 PM | #3 |
Hisstank.Com General
Join Date: Mar 2011
Location: USA
Posts: 16,671
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I really don't worry about it, as my customs don't ever resemble what i was trying to make anyways...
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06-03-2011, 03:38 PM | #4 |
Btchin RckStr Frm M.A.R.S
Join Date: Aug 2008
Location: Castle McCullen
Posts: 6,127
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Quote:
Legality aside in my opinion if I have a shitty base Serpentor figure like we saw with 25th line up, and I sculpt him armor, add new paint apps, and perhaps a new head or even modify the existing head, then to hell with them it is now my figure and I can do damn well what I please with it. Especially if making the custom cost me several figures on top of time and additional materials.
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06-03-2011, 03:39 PM | #5 |
Crimson Guard
Join Date: Mar 2009
Location: sitting in my tin can far above the world
Posts: 3,933
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I believe it is illegal (to sell). I also think they are cool and do not "personally" have a problem with it. However, the owners of the copyright/trademark may disagree with me on if it is a problem or not and that is their right. As someone else posted, it's not "our playground".
We are not making the rules, no matter how we "personally" feel about it.
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06-03-2011, 03:40 PM | #6 |
[email protected] 4 BST
Join Date: Oct 2008
Location: HELL
Posts: 6,074
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Quote:
Making them is 100% legal, selling them is illegal since you're taking advantage of someone else's IP to make money for yourself. I both make and sell customs, but I understand that it's completely within the rights of whoever owns the characters to send me a cease and desist - and I'm cool with that. We're playing in these people's playgrounds. They can kick us out if they want.
.... Perhaps we should have some new laws in place...since so many people are doing it.....the law should look at the situation and perhaps make reasonable limits on what you can and can't do with it? a) you can make it for yourself b) you can't sell it That would be very clear wouldn't it? It's just not written that way. The act of selling it bothers me though....I can resell any of my personal belongings...so should it not be okay to sell customs items you no longer want? I dunno.
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06-03-2011, 03:45 PM | #7 |
Btchin RckStr Frm M.A.R.S
Join Date: Aug 2008
Location: Castle McCullen
Posts: 6,127
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Also, if selling custom's is illegal then that would mean every JOE I bought and resold would be illegal. For instance, if I resold a SDCC Sgt Slaughter for more than I paid for it would be illegal and it is essentially the same thing right?
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06-03-2011, 03:46 PM | #8 |
Crimson Guard
Join Date: Mar 2009
Location: sitting in my tin can far above the world
Posts: 3,933
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Quote:
Very fair statement...although wether you profit from (Sell) it or not (make for self) the act is still "legally' infringing.
Perhaps we should have some new laws in place...since so many people are doing it.....the law should look at the situation and perhaps make reasonable limits on what you can and can't do with it? a) you can make it for yourself b) you can't sell it That would be very clear wouldn't it? It's just not written that way. The act of selling it bothers me though....I can resell any of my personal belongings...so should it not be okay to sell customs items you no longer want? I dunno.
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06-03-2011, 03:48 PM | #9 |
Hisstank.Com General
Join Date: Mar 2011
Location: USA
Posts: 16,671
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Quote:
If it is the complete works of Dread Zepplin, it is ok and you should sell them to me...
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06-03-2011, 03:48 PM | #10 |
Mortal Enemy
Join Date: Nov 2008
Location: Site B
Posts: 32,666
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If you're ctg links, then yes.
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