I sculpted my own hat for frostbite, but I think it's too fragile to survive the molding/casting process...
From my experience in following 3rd party Transformers discussion threads, these "intellectual property" discussions NEVER end well, and always end in a draw where everyone's tired from being pissed off at each other.
As for me, I don't give a fuck about Hasbro. I care more about their properties, which extends beyond their legal ownership, and if they're incapable of producing something, or in proper numbers to meet demand, then if someone else is willing to answer that demand, then so be it. Multiply that x1000 if we're talking customizing. As long as the parts are quality, I can do the legwork myself.
Actually, it's not. There's both legal and moral precedent for respecting the artists, if they're trying to enforce a copyright that Hasbro is choosing not to. And let's be clear, Hasbro is choosing to turn a blind eye here, as from their stance at conventions they're well aware of the customizer community.
I'm pretty sure that so long as a caster doesn't sell a custom cast item with the name of the trademarked hasbro offering, there's no thievery of intellectual property. So if they want to call the Renegades Destro head 'Assmunch McFuckery', they can sell it as such as long as they don't sell it as Destro. But, if someone takes Krexx's cast, and recasts it and then tries to sell it as their own, that's blatant thievery.
What level of respect should I show the artists? The same level of respect that they show Hasbro's intellectual property rights? Or are they somehow entitled to more because it's okay the as long as it's only from a big faceless corporation?
For example, let's say Krexx sculpts a Destro Renegades head, which he has, and you sell it on your site. It's his sculpt, but he doesn't own it... that likeness is owned by Hasbro, and he's bootlegged it and is profiting on it... if someone makes a copy and sells it themselves, how are they any more in the wrong? Both parties are profiting off of an item they do not own and have no legal right to be producing.
Just playing devil's advocate here... obviously it's simply a "gentleman's agreement" that keeps casters respecting other casters original sculpts, and not some moral code...
-CC
I'm back a few days and my thread is a right where I left it three months ago. RUNAWAY.....
It's nice to be back. When did DarkWynter join the fun? I feel like Buck Rogers, I'm guessing did. Where the F@#K is Twiki?
I'm pretty new here and am liking what I see. I know how hard it is to accommodate everyone like you do. Side requests disrupt the whole process immensely. I hope everyone appreciates your hard work.....and I'm a little worried you asked for Twiki instead of Wilma.
Am I missing something somewhere? Who's is reproducing AF parts or am I reading this wrong?
How exactly does one estabish a "moral" precedent? Is it in the "Caster's Constitution?" Which amendment is that?
If anything, I think it just falls under "Don't be a dick."
My point is, there aren't any rules about any of this between customizers. It's all based on people being part of a community and establishing certain lines they prefer not be crossed, and people abiding by them because they feel that's best for everyone. Once you start laying down "rules" as if you're Moses come down from the mountain, you end up like Alyosha, who feels he's entitled to piss and moan at anyone who casts the same Hasbro-owned parts as he does.
Oh, I forgot, he has "a verbal agreement" with Hasbro. And some golden plates we're not allowed to see.
-CC
And MY point is that it doesn't matter if there's rules about it between customizers or not. Legally, if you copied someone else's work and sold it, they could sue you. That goes equally for Hasbro suing artists and casters, and artists suing casters.
Since so much of the customizing community is so spread out, it would hardly be worth trying to sue someone over some $3 head casts
Then I guess my further point is "Good luck with that."
Since so much of the customizing community is so spread out, it would hardly be worth trying to sue someone over some $3 head casts, especially if they're in another state or even country...but I guess you're right, you could technically try.
-CC
No, I inadvertently derailed it offering up my Iceberg custom's parts for casting, but my IB head is a combo of a Star Wars figure and a casting of an older SDS headsculpt.
Then it just went to shit from there. I can pull out the discussion into a separate discussion thread, as it's interesting on its own but clutters this thread.
It's all good....I have a IB head mod coming very soon. roposetoast:
I'm pretty new here and am liking what I see. I know how hard it is to accommodate everyone like you do. Side requests disrupt the whole process immensely. I hope everyone appreciates your hard work.....and I'm a little worried you asked for Twiki instead of Wilma.
I can cast it...I'm gonna be changing up my whole request process so ill be posting in a few days but for you Eddie ill do it before I change it.
But what about the $8 and $10 and even $15 ones that *some* people sell??
"verbal agreement with Hasbro"
pffft....Snicker. I strongly doubt Hasbro as a corporation would admit to that which legally means there is no such agreement. Bottom line would be that Hasbro doesn't feel threatened by casters and probably feels it encourages the line. After all most of the parts available require that collectors buy the base Hasbro figure to begin with which is a sale for them either way.
I think I know where the stickers for the Eaglehawk prototype came from.....guess that means there is some kind of agreement.....not.
Good. He also needs webgear and that fur collar, too.
Have you cast any items such as the waist/skirt piece (any "coat" style waist piece that would fit that Arctic SE/Snow Serpent torso)? I think if a caster sold an "Iceberg Fuck-Up-Fix-Up" kit that it'd sell pretty well. The problem would be, I could easily paint a head and webgear/collar, but that skirt I'd want in a plastic that matched the figure, and that'd be probably tough to match up for you, wouldn't it? That awkward mint color?
Yeah I'm actually working on all that gear for him. A better version.
You need to do FULL iceberg kit and kick the GIJCC square in the nuts!
Thanks....you get more involved here, it's a great site. As for you, Darkwynter. Can i ask you a question? Why do you refer to yourself as "we"? Your are conjoined twins or something? As for Twiki....I would rather have a cool midget robot around.
It was mentioned that Hasbro turns a blind eye to use of character likenesses use and repos. This is true. A lot can be said of Hasbro and lack of fan support, but in this case they have been very accommodating, to allow artwork and straight up repos. Unofficial guidelines were given.
I'd LOOOOVE to see third party GIJOE full figure manufacturers come along much like with what's happened with transformers...if Hasbro refuses to make figures like Cross Country or Frostbite available, or more modern realistic military figures or even guys in suits, then f*@# em!...let someone else fill the void...
To which I'd say "You don't really understand intellectual property rights at all, do you?"
Haha. Did they use CobraStickers stickers?
That's why I think they are okay with it. Lucas is a dick to fans concerning the Star Wars property's usage... always has been, always will. So Star Wars is an extra special case.
Hasbro's own properties, though, can only be encouraged by buying cast items.
What I'm surprised with, is that NOBODY so far has created carded/boxed "modern era" Joe figures like the Transformers market has blown up with. Perhaps it's because they're much bigger overseas and in Asian countries (specifically China, where intellectual property isn't even a concept) but that's something I can see Hasbro having a problem with.
But what about the $8 and $10 and even $15 ones that *some* people sell??
Of course, I do conceed that those were legitimately licensed entertainment properties... maybe I'm not as well-versed when it comes to IP law covering "shit someone bootlegged in their basement."
-CC
Which is what we've been discussing, no?
I'm very active in a community of artists who work on licensed properties (both officially and "just for fans", where this issue of rights comes up a lot) and I work for one of the biggest IP organizations in the country, if not the world. I really do know I'm talking about.