Nap's Mothers of Dragons review pictures have been Re-Used by recaster
- Thread starter yellowcat
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Gaudin
A Fixture
I think I saw it coming some time ago, such an interesting doublebind.
A pirate is recasting a product that belongs to a company who is producing it seemingly without copyright
A pirate is recasting a product that belongs to a company who is producing it seemingly without copyright
Hi guys,
I would like to THANK yellowcat for contacting me ref this .....what happened ...
I contacted the seller advising him that the pics were my property and therefore he was using them illegally mentioning that I had also advised my solicitor in this matter .....
He then took off the picture ..and replaced it with the coloured box art picture......
I contacted him again and he apologised and ended the listing as said.
I then looked at the other listings and told him he also has other illegal listings at stupid prices and was a thief ...
His response was that his supplier in China (he is in Thailand) provided all all pictures and the models he sells .....
Heavans a recaster selling to a recaster ...he said he had no idea what he was doing ....
Will he stop ..I doubt it but at least this made him and his supplier aware of being watched .
Told e bay ..as much use as a chocolate teacup!
If anyone finds anymore let me know
Thanks again to yellowcat
Nap
I would like to THANK yellowcat for contacting me ref this .....what happened ...
I contacted the seller advising him that the pics were my property and therefore he was using them illegally mentioning that I had also advised my solicitor in this matter .....
He then took off the picture ..and replaced it with the coloured box art picture......
I contacted him again and he apologised and ended the listing as said.
I then looked at the other listings and told him he also has other illegal listings at stupid prices and was a thief ...
His response was that his supplier in China (he is in Thailand) provided all all pictures and the models he sells .....
Heavans a recaster selling to a recaster ...he said he had no idea what he was doing ....
Will he stop ..I doubt it but at least this made him and his supplier aware of being watched .
Told e bay ..as much use as a chocolate teacup!
If anyone finds anymore let me know
Thanks again to yellowcat
Nap
Blue Thunder
A Fixture
Just two extra cents here. I purchased the original to Kevin Peart and I located a counterfeit in what's probably a different seller: Simply because the country's listing is different.
Product was removed after I contacted the seller complaining about that stuff. After that I got this reply from he:
"Who is original? They pay actress? They pay series? They pay no money! Who are they? Movie producer? What care? I sell quality cheap and will sell many more good kit"
Have no idea if this is the outcome of a Google translation or what ... but it's amazing that this is not the first guy that positively thinks that he is the one on the right side. That bloke, a couple of weeks ago was exactly praising the same thing - the villain is the creator, not the duplicator!
Product was removed after I contacted the seller complaining about that stuff. After that I got this reply from he:
"Who is original? They pay actress? They pay series? They pay no money! Who are they? Movie producer? What care? I sell quality cheap and will sell many more good kit"
Have no idea if this is the outcome of a Google translation or what ... but it's amazing that this is not the first guy that positively thinks that he is the one on the right side. That bloke, a couple of weeks ago was exactly praising the same thing - the villain is the creator, not the duplicator!
Gaudin
A Fixture
I think he is pointing out (in a crude fashion) that Nuts Planet is producing copyrighted content without license.
A kind of "stealing from thieves isn't a crime" paradox, Robin Hood would have a field day with this.
May be in modern times Robin Hood would be a re-caster, not an arrow master?
A kind of "stealing from thieves isn't a crime" paradox, Robin Hood would have a field day with this.
May be in modern times Robin Hood would be a re-caster, not an arrow master?
Blue Thunder
A Fixture
I don't know if that's what he's telling about, Gaudin.
As far as I understand, the character Daenerys Targaryen is known in the TV series as "Mother of Dragons". The Dothraki people refer to her like that (and "Khaleesi" as well). So it would be somehow strange for NutsPlanet to invest money in developing the miniature just to expose themselves to a future complain from George Martin, HBO producers and Emilia Clarke agent as well.
Recently, I posted here a Maleficent doll and in the promotional poster something like this was written : "crow still pending licence" (!!!). These people take things seriously - even something just simple such as a damn raven requires licencing!
Unfortunately it's a bit hard for me to decipher what that thieve was saying but I interpreted that he was questioning how can someone be completely sure who has an original for sale and that his ones are cheep!!! Typical burglar talk - "my counterfeits are good, all others are either worst or pricey"
As far as I understand, the character Daenerys Targaryen is known in the TV series as "Mother of Dragons". The Dothraki people refer to her like that (and "Khaleesi" as well). So it would be somehow strange for NutsPlanet to invest money in developing the miniature just to expose themselves to a future complain from George Martin, HBO producers and Emilia Clarke agent as well.
Recently, I posted here a Maleficent doll and in the promotional poster something like this was written : "crow still pending licence" (!!!). These people take things seriously - even something just simple such as a damn raven requires licencing!
Unfortunately it's a bit hard for me to decipher what that thieve was saying but I interpreted that he was questioning how can someone be completely sure who has an original for sale and that his ones are cheep!!! Typical burglar talk - "my counterfeits are good, all others are either worst or pricey"
Martin64
A Fixture
on a sidenote: There is a line in 28mm-scale sculpted by Tom Meier named "A song of ice and fire" released by Darksword Miniatures which is approved by George R.R. Martin. Obviously it is sometimes worth to contact the copyright holder.
http://www.darkswordminiatures.com/shop/index.php/miniatures/george-r-r-martin-masterworks.html
Cheers, Martin
Gaudin
A Fixture
I think you need to read up a little to understand how licensing and copyright works.
If they had any consent at all about this, they would shout about it from every corner . NutsPlanet either think they are too small to notice or feel secure enough in Korea to take the risk.
As much as it pains me to burst your bubble, everything points to Nutsplanet breaking the law (unless they state otherwise, but I have seen no evidence to date. Contrary to that - Maleficent got Disney trademark slapped all over it. Probably there is a well hidden logo or Disney's face on her foofie to prove authenticity)
And everyone who bought certain things - supported it knowingly or unknowingly. And every distributor participated in it. But here is the thing, people really want this stuff and no one else makes it, so may be its fine??
Exactly same argument and reasoning applies that has been typed in CAPITALS and bold font over 100 times in last week alone on PF.
Now, I really don't care that much, I am not on a crusade against Nutsplanet. But I do find it quite hypocritical of people to froth at the mouth about recaster theft in one post and praise Nutsplanet as best thing since sliced bread in another.
I dont know, may be its lack of awareness, may be its selective blindness...may be no one cares.
Blue Thunder
A Fixture
Thank you Martin! Very interesting miniatures. The book "A Song of Ice and Fire" has over 1000 named characters!
Now I understood what you initially said, Gaudin!
Well, how can I say - it's like this - you see, after what you gently pointed out, I am not going to bet my chips if this miniature is a licensed product or not.
If it is not, than legitimately we have here another problem in the figurine world and now I understand the whole picture and those crude English words I received as well: If a miniature is taking advantage of a third party creation it is also a faulty product.
But, just to place some samples of legal miniatures that don't mention their legitimacy in the box: Many Tamiya kits, namely motorbikes and cars don't mention something like "Porsche licensed product", but mention this in their instruction sheets. There's an exception: Several Ferrari's have the logo and trademark in the boxes. Strangely some Tamiya car models, specially Formula 1's, have "Good Year" trademark warnings in their boxes. Now I'm speculating - just like if Good Year was more "nitty picking" with licencing rather than Honda or Lotus.
Italeri follows a different approach - many miniatures have a huge stamp in the box front stating "Boeing licensed product", even from aircraft that once were manufactured by McDonnell or North American. I see this more of a Marketing strategy to testify the quality of what's inside since they even use the Boeing logotype.
Model Factory Hiro, mostly a scale car manufacturer has dozens of Ferrari models and in some instruction sheets they even thank Ferrari technicians for supplying research material and technical drawings as well, but they don't mention "Ferrari official product" unlike Hasbro curbside models. Hasbro itself was forbidden by Ferrari to present a miniature of Dino Ferrari, and they obeyed.
Another example coming to my mind is Andrea: Their Asterix kits have a label "official licence to Europe" or Knights Models. Even so, and to tell the whole picture, I wonder if those Batmans or Spidermans from Andrea are legitimate or not...
To end, we're in the same ground - just like I defend manufacturers and copyright holders when it comes to a figure, I have exactly the same attitude when it comes to a character - the one who creates has the rights over it, and others should ask permission if they intent to take commercial benefits from it.
Now I understood what you initially said, Gaudin!
Well, how can I say - it's like this - you see, after what you gently pointed out, I am not going to bet my chips if this miniature is a licensed product or not.
If it is not, than legitimately we have here another problem in the figurine world and now I understand the whole picture and those crude English words I received as well: If a miniature is taking advantage of a third party creation it is also a faulty product.
But, just to place some samples of legal miniatures that don't mention their legitimacy in the box: Many Tamiya kits, namely motorbikes and cars don't mention something like "Porsche licensed product", but mention this in their instruction sheets. There's an exception: Several Ferrari's have the logo and trademark in the boxes. Strangely some Tamiya car models, specially Formula 1's, have "Good Year" trademark warnings in their boxes. Now I'm speculating - just like if Good Year was more "nitty picking" with licencing rather than Honda or Lotus.
Italeri follows a different approach - many miniatures have a huge stamp in the box front stating "Boeing licensed product", even from aircraft that once were manufactured by McDonnell or North American. I see this more of a Marketing strategy to testify the quality of what's inside since they even use the Boeing logotype.
Model Factory Hiro, mostly a scale car manufacturer has dozens of Ferrari models and in some instruction sheets they even thank Ferrari technicians for supplying research material and technical drawings as well, but they don't mention "Ferrari official product" unlike Hasbro curbside models. Hasbro itself was forbidden by Ferrari to present a miniature of Dino Ferrari, and they obeyed.
Another example coming to my mind is Andrea: Their Asterix kits have a label "official licence to Europe" or Knights Models. Even so, and to tell the whole picture, I wonder if those Batmans or Spidermans from Andrea are legitimate or not...
To end, we're in the same ground - just like I defend manufacturers and copyright holders when it comes to a figure, I have exactly the same attitude when it comes to a character - the one who creates has the rights over it, and others should ask permission if they intent to take commercial benefits from it.
Gra30
PlanetFigure Supporter
- Joined
- Sep 13, 2005
- Messages
- 1,541
Well being a bit of a SW collector, this thread sheds some light on the above.
I understand that movie props are functional items and not classed as art, well at least it was agreed by the court as such on this Ainswworth and Lucas court case, to cut a long story short ainswworth made the original props and continues to sell copies. Lucas tried to sue as ownership of the identity is his. The case was ruled for ainsworth, at least on the UK, not US.
I wonder if the same applies to the said Spider-Man, predator figures etc.
I see the copyright name of the character is not used just a representation of the movie image.
http://ukscblog.com/case-comment-lucasfilm-ltd-ors-v-ainsworth-anor-2011-uksc-39/
On the subject of individuals etc, when I served in London a photographer took an image of the Royal Marines marching down the Mall. We wanted to use the picture as it was very good, the copyright was with the photographer and unfortunatley he declined as probably he had other uses for it. My point is even the people in the photograph have no rights to it, I wonder if that applies to Marilyn, Churchill sculpts etc and the creator, in this case sculptor owns the piece and has the rights. It is a minefield
I understand that movie props are functional items and not classed as art, well at least it was agreed by the court as such on this Ainswworth and Lucas court case, to cut a long story short ainswworth made the original props and continues to sell copies. Lucas tried to sue as ownership of the identity is his. The case was ruled for ainsworth, at least on the UK, not US.
I wonder if the same applies to the said Spider-Man, predator figures etc.
I see the copyright name of the character is not used just a representation of the movie image.
http://ukscblog.com/case-comment-lucasfilm-ltd-ors-v-ainsworth-anor-2011-uksc-39/
On the subject of individuals etc, when I served in London a photographer took an image of the Royal Marines marching down the Mall. We wanted to use the picture as it was very good, the copyright was with the photographer and unfortunatley he declined as probably he had other uses for it. My point is even the people in the photograph have no rights to it, I wonder if that applies to Marilyn, Churchill sculpts etc and the creator, in this case sculptor owns the piece and has the rights. It is a minefield
carl reid
A Fixture
Copyright law is a very grey area. But i do suspect that products are being without licence. If the producers decided to be funny they could quite easily serve a cease and desist order on anyone or all concerned, that includes the recaster.
A cease and desist give the producer the opportunity to stop producing, often evidence of the destruction of the moulds is required.
Large corporations ignore short runs, purely because of the hassle and the cost. But they do have a purge from time to time.
There was rumour some years ago that a group of lawyers acting on behalf of number car, motor bike, lorry manufactures. Went to a model show, armed with pockets full of C&D orders and effectively shut down every vender in the room.
So it does happen.
It's always a risky game producing anything with a licence attached. The best to do it, sell them as fast as you can, and keep a small stock. That way if you get nailed, you don't have bin a load of stock and lose a fortune.
But if you think about most modern piece will be infringing a copyright in some way. Because each piece of equipment will have a copyright.
It really is a mine field.
Carl
A cease and desist give the producer the opportunity to stop producing, often evidence of the destruction of the moulds is required.
Large corporations ignore short runs, purely because of the hassle and the cost. But they do have a purge from time to time.
There was rumour some years ago that a group of lawyers acting on behalf of number car, motor bike, lorry manufactures. Went to a model show, armed with pockets full of C&D orders and effectively shut down every vender in the room.
So it does happen.
It's always a risky game producing anything with a licence attached. The best to do it, sell them as fast as you can, and keep a small stock. That way if you get nailed, you don't have bin a load of stock and lose a fortune.
But if you think about most modern piece will be infringing a copyright in some way. Because each piece of equipment will have a copyright.
It really is a mine field.
Carl
carl reid
A Fixture
Just a thought.
Is there any way the images on here PF can be encrypted?
Carl
Is there any way the images on here PF can be encrypted?
Carl
Colin_Fraser
PlanetFigure Supporter
Just about everything on earth is getting patented and copyrighted these days in a flurry of claim staking reminiscent of the rush for colonies in the nineteenth century....including my own fecking DNA apparently (and I don't recall seling the rights). I have to say I have less and less respect for such instruments of corprorate intellectual property.
Using corporate images in models without licence is very different than stealing the hard work of a cottage industry sculptor, both in terms of the nature of the "crime" and the amount of damage done.
Colin
Using corporate images in models without licence is very different than stealing the hard work of a cottage industry sculptor, both in terms of the nature of the "crime" and the amount of damage done.
Colin
Blue Thunder
A Fixture
I isolated this sentence, Carl, just to add two more examples:
I remember reading in the news that at a large comics show, (if I am remembering correctly in Angouleme, France) Dargaud and Berthelsman publishers raided the show seeking for illegal miniatures or illegal merchandise (pens, posters, T-Shirts ... ) of their characters. Some brands take copyright quite seriously.
Another example is Harry Potter. Bloomsbury hunted all unlicensed miniatures they could find. Even toys labeled "Henry Potter" were raided as well.
