littlefox opened this issue on Nov 27, 2004 ยท 129 posts
pdxjims posted Sat, 27 November 2004 at 1:17 PM
When you sell or broker to Daz, you're asked if anyone else has any right to your creation, that you own the design. Daz doesn't check that you do, or go through a copyright library to check. They take your word for it. When a copyright problem is discovered and reported, they investigate and take action. Other sites usually handle it the same way. They will immediatly reject something that is obvious copyright infringement, but often until someone points it out to them, theymay be unaware of the infringement. Daz has also become more of a brokering house and produces less original items in-house. Daz originals aren't done by Daz employees so much anymore, as a direct purchase from the creator. That means relying more and more on the honesty of the people who are selling to them. This can be dangerous, but in the long run it's more cost effective to buy a piece and put your name on it than to hire the artist to make pieces every week. It also gives more variation to your product line. Certain items, like the Jungle Queen, are modeled after items that have been used in a movie or game. However, the movie doesn't hold a copyright on the design of the item itself. The boat "African Queen" wasn't designed and built by the studio, it was purchased and used in the movie, that way a car would be. The copyright holder for the design would be the manufacturer of the boat, not the movie. Clothing items are even more nebulous. Two designers can come out with VERY alike dresses for the spring fashion season, but each is just a little different. While many clothing items look like the ones you'll see on the movies or runways, they aren't identical, and that gets around the copyright so long as you don't obviously point out the connection. A hero's costume in yellow, blue, and red may look a lot alike a Superman trademarked costume, but unless it's got the identifying "S", it passes under the wire. However, some things are too exact copies in design. Make a Mickey Mouse and change only the color of his eyes and call him Marty will still get you into trouble. Even the mock-superman costume will, it the owner of the original copyright believes that it's too close to their ownership. It's the option of the copyright holder on whether or not to make a stink. Many don't because of the trouble it would involve. If you see something like that happening, I'd report it first the brokering company, and if it stays and you think it shouldn't, tell the owner of the franchise itself. If nothing happens, then the franchise has decided that 1) it isn't worth the effort, or 2) it's not copyright violation. From an ethical point of view though, I don't like any kind of steal. The clothing/character is awfully close to the orginal. However, it's up to the copyright holder to do something about it. One nice thing about Daz though, when something like this does happen, and there is a copyright problem, the make amends. I purchased a texture here a few months back that was a steal of someone elses work and got stuck with no recompense. Gosh, I'm wordy today. Thanks LF for bringing up an important issue to us all.