Helgard opened this issue on Sep 22, 2006 · 30 posts
XFX3d posted Sat, 23 September 2006 at 12:11 PM
Quote - No, because that is a copyrighted design. If I tried to sell anything as obvious as that, I would be told I cannot sell it because of copyright violations, but selling a design from Aliens is allowed?
The criteria is: Would a reasonable person think that this was the design from the movie?
Yes, despite the small differences, it is the model from the movie, not a work of the imagination. And according to the accepted internet "fan based" concept, these things are allowed, by George Lucas and others, as long as people do not make profit from it.
You can do your own research, but here is a quote from a legal site:
"U.S. Copyright law is quite explicit that the making of what are called "derivative works" -- works based or derived from another copyrighted work -- is the exclusive province of the owner of the original work. This is true even though the making of these new works is a highly creative process."
This is true. Notice what I've released as freebies in the past. Because of Paramount's ownership of Star Trek, I avoided all Star Trek stuff, despite Erynoka's pleas, while gleefully making Lucasfilm stuff. Why? Because Lucasfilm gave thumbs-up on it all provided it was not for profit, while Paramount was pretty paranoid about anything of their becoming fan-art (which, after enough Data/Geordie slash, might have even been warranted a little, eww B^) Close observers might note that I reproduced a disruptor pistol -- but in my defence it's an Orkan disruptor. The prop was produced for the Star Trek 2 tv series (which never happened) and then got shelved and reused in an episode of Mork & Mindy. So maybe it can be used as a Klingon disruptor, but it's sheer coincidence B^)
I'm the asshole. You wanna be a shit? You gotta go through ME.