Forum: Poser - OFFICIAL


Subject: Question About Copy Right

Tymbo opened this issue on Aug 24, 2001 ยท 14 posts


Questor posted Fri, 24 August 2001 at 9:54 PM

Whether the model is derivative is not really an issue. A design can still be copyrighted and some companies will pursue that. For instance the Paramount witch hunt when they started shutting down all Star Trek fan sites - they ended up with quite a battle and did eventually give up after realising they were hurting themslves but they started the process. Would Paramount stay silent if somebody started selling Star Trek ships based on the models from the series and with the series names etc? Ertl had to apply for a license to do that. The harley questioned by the first post could be called a derivative work as I doubt it is 100% accurate to the actual bike. The problem that might arise is with the company logo and name, not the model. Companies are extremely protective of these. As an aside though, as has been pointed out before by people like DAZ, if a company passes up a chance to chase down a copyright/license violation that it is aware of it loses the right to that copyright. So, say you make a boeing shuttle and add Boeing and NASA logo's to the shuttle to sell it. If these two companies know about the model being sold and take no action regarding the unlicensed use of their logos, they stand to lose the rights to them. That is not something any company will allow. As has been said though, if they don't know, it don't hurt them. But it's a risk anyone takes when making "named" works even if derivative of an item. This applies to people's images and names as much as it does a company product, symbol or name. Most companies will have a copyright statement and licensing schedule regarding the use of their name/logo/product. If in doubt, it's usually a damn good idea to check first before opening a can of worms that might just eat you. G As far as asking a company, I don't see a problem with that. If you intend making a series of Colt firearms and using the mustang logo in those weapons as well as the Colt name, then yes I think it's only fair that you ask Colt if you can do it - especially if you're selling the items as "Colt ****". Otherwise call it something else, leave the logo off and no problem. Saying why bother is like me making a hair file and saying it's a Vairesh hair even if it isn't. That's a direct comparison isn't it? I make some hair that looks like something Vairesh made, I give it the same name as hair Vairesh made, and sell it under that name. No different to selling a derivative Colt Peacemaker as a COLT Peacemaker. I'm using the Colt name, logo, blah... As someone once said while feeding fowl. What's good for the goose is good for the gander. But in that case, why bother asking anyone permission for anything. Not just big companies and "derivative" work, why not infringe on licensing and copyright for all the store people and the freestuff people, and... Oh wait, I'm off on a different subject here. g ::wanders off to find coffee::