Does anyone know what the law is (and what is allowed in practice) regarding selling cast items? I'm new to casting but I figured if I eventually become good at it, I might put some on eBay as a means of covering the cost. I wanted to find out what the rules and laws are though... Any input would be appreciated. In case it matters, I mean guns mainly, some straight cast some customised and cast, as well as some modified heads...
Laws on casting and repros
- Thread starter genkhrylov
- Start date
If you modify it you can copy it.
If you make an exact copy there are legal ramifications.
You need to alter the piece some how. Longer/shorter barrel. Relocate/alter the sling. Add more detail.
These all should get you past the copyright infringement.
Cool thanks a lot for the info. That answer suits what I want to do, though its nothing like what you do, btw....I wish!
Have you used 3d printing for prototypes or making the casts before?
Have you used 3d printing for prototypes or making the casts before?
The best way to avoid a Hasbro copyright is to throw it away and copy something that looks better. 
The best way to avoid a Hasbro copyright is to throw it away and copy something that looks better.
Lol, quoted for truth....it isn't really has or stuff that Im modding and casting mainly. Lots of other goodness out there, and 3d prototype printing...thankfully!
True, but I have to say I do sill hold the battle corps and neon ninja period against them a bit.
Panzerfaust 3, vintorez, shocktrooper, hit and run old school, red star 91, firefly (several incarnations) and tru cobra troopers were amongst their finer offerings for their respective times. First night watch was alright too, for my liking at the time. I do think hasbro can be very inconsistent though, like the vsk-94 and vintorez issue we discussed. The new trooper with a blue cape is from the same company that made the shocktrooper...that surprises me, especially as so short a time between. But the same is true of all of the toy makers I'm sure
Panzerfaust 3, vintorez, shocktrooper, hit and run old school, red star 91, firefly (several incarnations) and tru cobra troopers were amongst their finer offerings for their respective times. First night watch was alright too, for my liking at the time. I do think hasbro can be very inconsistent though, like the vsk-94 and vintorez issue we discussed. The new trooper with a blue cape is from the same company that made the shocktrooper...that surprises me, especially as so short a time between. But the same is true of all of the toy makers I'm sure
Hasbro is like a wife, they'll touch you the right way once in awhile to keep you around, and the rest of the time they'll ignore what you want.
it's like sampling for hip hop. if you don't alter it, you have to get it cleared. if you chop it up and make it so it's a new piece of material, you are fine.
direct duplicate is a no no and someone will want money for it.
direct duplicate is a no no and someone will want money for it.
Not that you plan to, but don't even touch Star Wars. You'll get sued no matter how much you alter something. I know someone that had to pay thousands of dollars to Lucas for something that wasn't an exact duplicate.
Hasbro seems to be more forgiving and lenient with G.I. Joe and other brands that they own.
Hasbro seems to be more forgiving and lenient with G.I. Joe and other brands that they own.
Unless you're Vader on Bespin, he can alter anything he wishes, and pray he doesn't alter it further....
The colors sucked, but some of the molds were beautiful. As for the new movie Joe trooper and the Shock Trooper, well, different lines with different targets.
Hasbro finally have me a good Dragunov, so I won't get too cross with them for a while.
Yup.
1: It's more accurately proportioned.
2: No sculpted wood grain. Sculpted wood grain makes it look dry and cracked.
3: The Marauder one is dated by the fact that it is a series 1 piece, which were predominately designed to be used with ARAH molds. Thus the buttstock is designed for them and inaccurate.
About the only thing I don't like about Hasbro's is the cheap, flexible plastic. This should not be considered me not liking what MJ does, I do, but not all of his pieces are the best representations.
1: It's more accurately proportioned.
2: No sculpted wood grain. Sculpted wood grain makes it look dry and cracked.
3: The Marauder one is dated by the fact that it is a series 1 piece, which were predominately designed to be used with ARAH molds. Thus the buttstock is designed for them and inaccurate.
About the only thing I don't like about Hasbro's is the cheap, flexible plastic. This should not be considered me not liking what MJ does, I do, but not all of his pieces are the best representations.
Of course.
If I was talking about the one that has been trotted out in the Joe line since the ME started I would refer to it by it's proper nomenclature, SVDS.
I think I've made my intolerance of the SVDS abundantly clear in the past.
If I was talking about the one that has been trotted out in the Joe line since the ME started I would refer to it by it's proper nomenclature, SVDS.
I think I've made my intolerance of the SVDS abundantly clear in the past.
I've always wondered, what's the difference between the SVDS and the one from Winter Soldier (which is what, an SVD)?
aye, but you can sell a paper clip and give away the mold
Yeah, that's true.
One paper clip- $5.99. And it may come with such and such.
I agree with Cloud on the SW things. Lucas has lawyers that look for any infringment of that licensing (i also know the person who got slapped with that fine). Lucas Arts not only protects the reproduction of figures, but creation of figures featured in film, print or artwork that is licensed to SW, so consider that when making your products. Hasbro does monitor the toy boards (public ones) and it has been speculated they use them for future ideas for products, so consider that before showcasing any of your casts.
As a 'rule of thumb' if you change a product by more that 30% you have created something new. Now, that being said, if you only do short runs of items and are not making large sales (and profits) then you are no threat. Make sure names are descriptive (OG Communications vs Breaker) but not those that are licensed by Habro or any other company (copyright infringement). I suggest nothing be cast and resold 100% stock, as eventually you will get tagged by the toy companies and even if you do not loose fiscally you could be handed a CND letter.
Good luck on your casting. If (when) you get this going, remember to let us know so we can check out your products.
As a 'rule of thumb' if you change a product by more that 30% you have created something new. Now, that being said, if you only do short runs of items and are not making large sales (and profits) then you are no threat. Make sure names are descriptive (OG Communications vs Breaker) but not those that are licensed by Habro or any other company (copyright infringement). I suggest nothing be cast and resold 100% stock, as eventually you will get tagged by the toy companies and even if you do not loose fiscally you could be handed a CND letter.
Good luck on your casting. If (when) you get this going, remember to let us know so we can check out your products.
If Hasbro no longer has the mold for something, do they still own the rights to that piece? Since most, if not all of, the ARAH molds no longer exist. Would ARAH bootlegs be considered illegal? Even if they are, it seems Hasbro does not care. The Black Major has been selling straight bootlegs for how long now, and he is based in the US. Hasbro has done nothing about it.
When dealing with names, it's trademark infringement rather than copyright infringement. You can't copyright a name.
IF they license for that figure is still valid, then yes they own it. Black Major is one of those areas that is tricky being it was marketed outside the US. I would think that ARAH figures are not as much a concern to Hasbro now because they have pushed away from them (as we can see from the Con Sets no longer being ARAH). Again, I would consider the profit and number of parts sold.
Good luck to you guys getting into casting... I have the equipment, but have not the space to do it... I am jealous!
When dealing with names, it's trademark infringement rather than copyright infringement. You can't copyright a name.
oops! thanks for the correction. You are right it is trademark, like in works of fiction and such... I should have gotten that right.
unless you live in China, then no one can do fuck all to you and you iipads, wiiis, and StarWarriors
Technically yes, they do. I collect old photographs, and just because I own the print or negative doesn't mean I own the rights to publish the work.
Ah, the old Artist Copyright fallacy. I was gonna say that earlier in the thread, as I remembered something similar (10% change to avoid copyright) from art class many seasons ago. It's a myth.
As for guns based on very much real world items, I highly doubt Colt is getting royalties everytime Hasbro makes an M4 or M16, so you're safe.
Though it should be noted Bbi DID get several manufacturers' O.K.s when they did vehicles.
Last edited:
I was going to stay away from this one since there's a whole lot of issues involved with derivative works, but that's my understanding as well.
More info here:
http://en.wikipedia.org/wiki/Derivative_work
Probably not, no.
The thing about intellectual property rights is that in many cases they're pretty complex. If you really want to be sure, you should check with an expert and/or an attorney.
The thing about intellectual property rights is that in many cases they're pretty complex. If you really want to be sure, you should check with an expert and/or an attorney.
Yeah, I see your point. I'm not going to cast for the money, but just cover the cost. The actually selling stuff will be limited to 3d printing new stuff.
I'm at the phase of practising casting, as well as working out actual scales. The correct size for gi joe, for example, is actually 1:16. Marauder John ak's are the size of a true scale 1:16 akm. Compare the 21st century toys Pkm with the figure...it looks puny. I'll put up a pic of a 1:16 Pkm with a go joe figure and you'll see, it looks right.
For the 3d printing I'm commissioning the designs and putting them up, but with a tiny markup, just to cover the cost. I'm just going through experimenting to figure what scale each item actually has to be to fit. I'm into real world and accurate, correctly proportioned items for this.
I'm at the phase of practising casting, as well as working out actual scales. The correct size for gi joe, for example, is actually 1:16. Marauder John ak's are the size of a true scale 1:16 akm. Compare the 21st century toys Pkm with the figure...it looks puny. I'll put up a pic of a 1:16 Pkm with a go joe figure and you'll see, it looks right.
For the 3d printing I'm commissioning the designs and putting them up, but with a tiny markup, just to cover the cost. I'm just going through experimenting to figure what scale each item actually has to be to fit. I'm into real world and accurate, correctly proportioned items for this.
uh oh, better not let Lucas see that Ewok drawing you sent me
I remember drawing it, but don't recall just what I drew that would be offensive to Herr Lucas.
I'm sure genitals were involved?
uh oh, better not let Lucas see that Ewok drawing you sent me
Hell I'm suprised you're allowed to use that name...Lucas Lawyers must not know about this website.