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12-15-2007, 04:09 PM | #1 |
Crimson Guard
Join Date: Jun 2007
Location: Michigan in the sticks
Posts: 1,156
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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.
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12-15-2007, 04:19 PM | #2 |
Crimson Guard
Join Date: Aug 2007
Location: Charlotte, NC
Posts: 1,224
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Quote:
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?
Quote:
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?
Quote:
Originally Posted by gijoe071681
now if you take a vehicle that has been produced but repaint and sell it for profit are you infringing?
Quote:
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?
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12-15-2007, 06:05 PM | #3 |
Crimson Guard
Join Date: Jun 2007
Location: Michigan in the sticks
Posts: 1,156
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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?
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12-15-2007, 06:39 PM | #4 |
Crimson Guard
Join Date: Aug 2007
Location: Charlotte, NC
Posts: 1,224
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Quote:
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?
Quote:
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?
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12-15-2007, 07:58 PM | #5 |
Crimson Guard
Join Date: Jun 2007
Location: Michigan in the sticks
Posts: 1,156
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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?
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12-15-2007, 10:39 PM | #6 |
Cobra Undertaker
Join Date: Feb 2007
Location: Pottsville, PA
Posts: 1,700
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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.
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12-15-2007, 11:30 PM | #7 |
Smells Lemony
Join Date: Jan 2007
Location: Kentucky
Posts: 10,549
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Basically, if you state that its a custom figure [thus not endorsed by Hasbro] you should be in the clear.
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12-17-2007, 05:14 PM | #8 |
I just want foam gliders.
Join Date: Sep 2007
Location: Tooele (two-willa), Utah
Posts: 18,727
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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.
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12-17-2007, 05:33 PM | #9 |
All Hail COBRA!!!!!!!!!!!
Join Date: Sep 2007
Posts: 173
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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.
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Last edited by bigbadwolfdaddy; 12-17-2007 at 05:36 PM.. |
12-17-2007, 05:49 PM | #10 |
Crimson Guard
Join Date: Aug 2007
Location: Charlotte, NC
Posts: 1,224
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Quote:
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 ?
Quote:
Originally Posted by gijoe071681
and does anyone have a clue how master collector gets to make the vehicles?
Quote:
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.
Quote:
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.
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. |
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