Copyright question

[Eludia]

Hey folks,

I'm just wondering what the repercussions could be if I were to make a personal copy of an existing model. I have a nice looking model but the scale is way too small for my old eyes so I was thinking of re sculpting a larger version that I would be more comfortable painting (and also for some sculpting practice). This obviously would only be for my personal collection and not for sale.

I suppose my main worries/questions are:

1. Would it be safe to post WIP pics?
2. Would it be safe to post pics of the completed project?

Many thanks in advance

 

[DaddyO]

Interesting question Billy.

I'm afraid my understanding of the copyright laws is a little fuzzy regarding personal reproductions (I've come across them reproducing logo's etc. in my day job as a sign-maker)
My gut feeling would be you are re-creating the figure from scratch in an entirely different size which is not for commercial reproduction so it's something new and not for profit and is okay. If you're worried make some alterations to the pose or costume to make it entirely your own (In fact this might be the best option anyway . . .)
Cheers
Paul

 

[Eludia]

Thanks for your input Paul

This is what I want to make, it's a little bit weird but I love the character and the pose. As you can see there aren't many options for the costume either:

https://pullmyfinger.wikispaces.com...4_n.jpg/498191736/9307469351_e5d71f4da4_n.jpg

The original is a 32mm gaming figure (for Malifaux) so you can imagine the size of an infant in this scale

 

[Perseas]

Hello Billy,
from my knowledge copyright laws protect every creation from unauthorized reproduction or duplication without the written licence of the author.But if this is for your personal collection there is nothing to stop you for creating something you see and the main reason for creating something not for profit or commercial purposes.
It is the same when you take pictures, you shoot a statue and many things for your collection not for selling them.
The thing with the copyright comes when you try to get money from other people ideas, creations etc.
The same thing is with piracy (this is ofcourse the main issue) as many threads about this issue exist in this site.
This is ofcourse my opinion coming for my limited knowledge of the copyright laws.
Dimitris.

 

[VintageRPM]

I asked my wife, who is an author and publisher, about this. It is a violation of copyright, however it is highly unlikely that the copyright owning company would come after you. A small company would not bother to spend the money on one not-for-profit figure. If they did, your attorney could use a "fair use" defense (like Xeroxing one page of a book), but you might still lose.

One item I learned about litigation though a friend's troubles (selling aftermarket decals with corporate logos on them). The company's lawyers would have to hire lawyers local to you in order to sue you for copyright infringement. That is usually (again, with a small company) way to much to spend for the amount of damage they have incurred.

I do know that Andrea Miniatures sells a figure called "The Arachnid" that is very much Spiderman. If Stan Lee isn't going after them, I think you are safe.

 

[Blind Pew]

My extremely limited understanding of such things is that they could only possibly come after you for potential loss of (their) earnings. They would have to demonstrate this to a court. In this case, I can't see it.

 

[Gaudin]

I would be extremely surprised if someone takes issue with your one off personal single figure, whilst celebrated Korean manufacturer blatantly copies copyrighted materials and makes profit worldwide

You are pretty safe methinks

 

[Mark S]

I think this says it all, Billy~

http://austinkleon.com/2010/02/10/25-quotes-to-help-you-steal-like-an-artist/

 

[Eludia]

Thanks for the help guys, I feel a bit more reassured now

Maybe I was being a wee bit optimistic, what I end up with will probably look nothing like the original anyway. I'll give it a go though

I love those quotes Mark, this one is my favourite:

“It’s not where you take things from—it’s where you take them to.” Jean-Luc Godard

 

[MCPWilk]

I don't see the problem if you are going to sculpt a figure for non-commercial purposes.

Mike

 

[frank h]

Hi .... It will always be your own interpretation

Though ......Originality is all about concealing your sources

Everything is a variation on a theme

Frank

 

[garyhiggins]

Billy, if you're worried why not contact the company, explain it to them and see what they say? Then if it's no go you could do your own design based on the ghoulish baby concept.
Best wishes, Gary.

 

[martin tabony]

As long as it's a new sculpture, it's a new piece of work. You'd only be breaking copyright laws if you made a direct copy of someone else's work. Copyright protects an "expression of an idea" not an idea.

Martin

 

[Ron Tamburrini]

Just don't copy Troniani stuff

 

[martin tabony]

Ron, I've heard that said before, but I'm not sure why? He can only copyright his "expression" which are his pictures. He can't copyright a uniform or a pose or the sky etc. So if anyone was to use one of his painting to "gain inspiration" it's no different to any other painting.
Martin