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Post by faithfulbutler on Jul 3, 2005 0:50:04 GMT -5
I'm putting this thread here because i really don't want the general public to be able to view it.
I have a couple of questions that i need help with.
1:What is the limit amount you can produce legally of a single Custom figure before the owners of the license come looking for you for copyright breach?
2:Do any of you make Custom packaging and if so would you be prepared to turn something out for a 6" figure?
I know you guys can help me,i have a great idea and need to know these things before i can hope to pull it off.
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Post by martingb on Jul 3, 2005 3:51:29 GMT -5
As I am aware the minute you produce even one figure and sell it to another person for money you are crossing the legal copyright boundary. Also, another thing many customisers, eBay sellers and people in general forget, is that you should be declaring the money earnt to the taxman too if you earn more than a certain amount for this service. I am not a guy that is some kinda of goodey two shoes I am just trying to answer the question. Obviously if you make a few models or figures or costumes or whatever for a small amount of individuals it is unlikely that any of the licence owners are gonna come running to hunt you down but if for any reason they did and you have even only done one figure or whatever, as copyright holders they would be in a position to take action against you should they so wish. Not very likely I know but there is no agreed or legally acknowledged level of production that you are not allowed to exceed. If you make for sale one or if you make a thousand you still have stepped over the line. I have a reasonable understanding of this as in the UK I am involved with many collectors of memorabilia relating to the Gerry Anderson TV shows and many replica puppets, models and costumes are offered by certain skilled individuals. I have also worked officially on releases of DVDs and books and merchandise and therefore have discussed such matters with the company who actually own the television programmes and the merchandising rights. The guy I regularly dealt with actually explained that it is indeed not worth the effort on their part as copyright holders to stop a guy who makes a replica THUNDERBIRDS puppet for $2000 maybe once or twice a year when commissioned to do so but if they really wanted to they are perfectly within their rights as licence holders to take the guy to court. It is like you recording a CD onto a tape to play in the car. It would appear petty, and indeed a bit churlish, but if a record company were to decide to do so they could take action against you. Never likely to happen I know but something that they could do if they felt like it. This is certainly the situation in England. If you were to make a figure or a model here and there I don't believe there is much likelihood of you getting into any trouble but if, like some, guys you advertise on the net and in magazines and have a table regularly at high profile collectors cons then the chances are that you are more likely to come under the microscope. I have been at cons when the Trading Standards Officials have raided and arrested guys selling video tapes of TV shows and garage kits so it does happen occassionally. Of course it is not drug dealing or gun running but copyright infringment is taken very seriously in some countries by certain companies and their agents. I hope this is of help fella.
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Post by BlackKnight on Jul 3, 2005 11:25:03 GMT -5
Well said Martin!  Now since the legal stuff is out there, you know my buddy Anthony "Toyroom" my be able to help you out with the packaging. He does all sorts of stuff. |
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Post by plasticdoctor on Jul 3, 2005 16:36:00 GMT -5
Martin is pretty much dead on....it really boils down to whether the company wants to pursue it...because legally they can.....What I would suggest is....even if you make them....
You sell them under the guise of limited edition from Japan or China that you were able to get your hands on......that way officially you are not making them.....
I have worked with a couple company's that have gotten cease and desist orders....Paramount will defend their stuff to the death and so will Lucasfilms.....
Otherwise it depends....
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Post by faithfulbutler on Jul 3, 2005 17:19:32 GMT -5
Thanks Mart,you pretty much confirmed what i was thinking.I know there are people out there that produce large quantities of a figure to sell and do it comfortably and without reprisals more because it's not worth the Copyright holders time.I'm not thinking major amounts myself just a few multiples and it's a question i have always wondered but never had any real answer to.
I also do declare my Commission earnings to the Taxman and have myself registered as a small business.More for the fact that there are actually more lurks tax-wise which benefit me,all quite legally.Plus in the near future i am expanding into my own original products and the Customs business was a nice smooth starting point to establish myself.
So thanks for clarifying that for me Mart!
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Post by Wild Willy on Jul 4, 2005 0:09:17 GMT -5
If you make lets say 300 copies of something copyrighted, it would serve you best to sell them 1 by 1 individually, rather then anouincing that you have 300 up for sale. Personally I am a bit of a risk taker, If some huge conglomerate wants to waste their money bringing down lil ol me for making a few figures, I would use their threats as a selling point for my figs. Get em fast! WB is closing in! blah blah blah  If your sales are creating a "buzz"then they may notice and take action, otherwise you will go unheard of in their eyes, unless some asshole ratz you out, and there are a few of those losers out there who have nothing constructive to do with their lives except to bring misery to others who try to enjoy the hobby. Id say go for it dude, 1 sale at a time, from collector to collector. Will |
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Post by faithfulbutler on Jul 4, 2005 1:03:45 GMT -5
Thanks Will,it never was a huge concern and what i have in mind i'll be lucky to make 20 of total.It's more just a question that i have often wondered and i figured you guys would have an answer for me.
Thanks for you help.
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Post by martingb on Jul 4, 2005 3:04:07 GMT -5
A pleasure mate. I hated sounding like a 'know-it-all' but given the various projects I have become involved with over the last fifteen or so years I know a bit about this type of thing. Glad to have helped a little.
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Post by casimir on Jul 4, 2005 10:48:04 GMT -5
Oooohhhh... Sounds like FB has something cool up his sleeve!
C.
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Post by faithfulbutler on Jul 4, 2005 18:24:52 GMT -5
You don't sound like a know it all at all Mart,it was great info!
I don't know about cool Cas but i believe it will aid a lot of Bat-Collectors.I'll elaborate more later.
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Post by Wild Willy on Jul 4, 2005 19:54:26 GMT -5
FB yer such a tease.  can't wait to see what your up to. Will |
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Post by faithfulbutler on Jul 5, 2005 0:44:05 GMT -5
FB yer such a tease. can't wait to see what your up to. Will Nothing real exciting Will,but something for people that aren't able to customise would find very useful i think. That's if i can make it happen. ;D |
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Post by BlackKnight on Jul 5, 2005 1:35:31 GMT -5
Is it that chick as Robin! |
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Post by faithfulbutler on Jul 6, 2005 18:54:35 GMT -5
Is it that chick as Robin! Nah,although i could sell a ton of her if i made her available en masse.You wouldn't believe how many people have contacted me asking if she's for sale.But her and my Hawkgirl[who is the face of my company]are uniques that i won't part with. |
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Post by aburabusimbutu on Jul 6, 2005 23:05:55 GMT -5
I have always wondered about this. There are magazines on the news stand that feature "garage kits" that are loaded with articles and ads for non-licensed characters. They are splashed all over the cover every month as well. I had begun to believe that under the umbrella of "art" there might be some legal legs to stand on regarding such works. It's confusing. Of couse, there are magazines about smoking dope too!
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Now since the legal stuff is out there, you know my buddy Anthony "Toyroom" my be able to help you out with the packaging. He does all sorts of stuff.
can't wait to see what your up to.