Lucasfilm to Strike Back March 7th - Lucasfilm vs Andrew Ainsworth

the UK courts have ruled that ainsworth CAN sell 'unlicensed copies', because he owns the design.

Completely false... The UK courts did not grant any ownership to AA... AA can sell copies (as can anyone in the UK) because once the courts ruled it industrial design the copyright had lapsed and was no longer enforceable...

the stormtrooper was designed by the third party. at least.. thats the argument anyway.

No it isn't...

Art vs Industrial Design is the argument...
 
don't get me wrong.

I'm just saying: a photographer owns his negatives; a contractor owns his blueprints; (a designer owns his designs)

In normal circumstances perhaps, but there are times when this is not the case.

the US courts have ruled that, while ainsworth may (or may not) own the "design",
it is STILL illegal to sell replicas of copyrighted art, without a license from lucasfilm;

The US courts ruled that Lucasfilm owns all rights in the Stormtrooper. Ainsworth owns none of them, and if he ever does anything which subjects himself to the jurisdiction of the US courts, Lucasfilm can enforce a $20 million judgement against him.

the UK courts have ruled that ainsworth CAN sell 'unlicensed copies', because he owns the design.

No, they ruled he can sell copies because nobody owns the design; it is in the public domain.

--> the difference being, the US courts acknowledge that a stormtrooper is "art"
(which is copyrighted to Lucas, and thus, you need a license from lucasfilm)

the UK courts have decided that it is not "Art" but rather "utilitarian", (like a house and its blueprints),
in which case, "unlicensed" (generic) copies are not illegal -- the designer can make copies of his own design.

This is more or less correct, which is strange as it is at odds with the rest of your arguments.

the stormtrooper was designed by the third party. at least.. thats the argument anyway.

No, the Stormtrooper was designed by artists in the employ of Lucasfilm. It was basically done before AA became involved.

AA was hired as a fabricator as the in-house artisans were swamped. Any copyright he may have derived from the minimal influence he had on the design was still the property of Lucasfilm as equitable owners of any rights vested in him.
 
Face it. LFL, didn't get a iron clad contract with AA, that's where it all went wrong. And when a fanboy pointed him toward the money, he went for it, left the fanboy (who ratted AA, and others, out to LFL) in the dust.

This thing has sucked the life out of my love for stormtroopers.

It used to be about fun and fantasy, now it all about money.
 
True Mike, but you know, that fan-boy was making some money too.


Face it. LFL, didn't get a iron clad contract with AA, that's where it all went wrong. And when a fanboy pointed him toward the money, he went for it, left the fanboy (who ratted AA, and others, out to LFL) in the dust.

This thing has sucked the life out of my love for stormtroopers.

It used to be about fun and fantasy, now it all about money.
 
Back then LFL didn't know there would be such big bucks in it.

A copyright holder has an obligation to protect their copyright. Lucas can't Not sue.

In the USA copyright was 75 years. Then as Mickey Mouse was about to become public domain, copyright was extended. Big Bucks at play.
 
Face it. LFL, didn't get a iron clad contract with AA, that's where it all went wrong.

Not exactly as that is not the issue, even with an iron clad wrapped in platinum contract with AA if the subject mater is upheld to be industrial design than the copyright has expired in the UK no matter who owned it and who held the rights...

who ratted AA, and others, out to LFL

Honestly, do you think that for one sane moment that LFL legal team didn't notice AA's actions? Ads in US magazines? Public interviews on websites and other publications? A full blown website? Vendor space at conventions? Yeah it had to be someone that ratted him out as there is no way LFL figured it out themselves :wacko Get real, the Studio doesn't act as a personal police force to angry 'fanboys' they have their own legal teams that give them direction...
 
If they had more than they do it wouldn't have been an issue

What? Yes the same issues would exist, this is entirely about UK copyright law not any LFL contracts or lack of anymore, that was settled in the previous case... Any contract LFL would, could or might have had with AA would not supersede UK copyright laws or avoided the expiration of the copyright under the current ruling...

Sure LFL could have had some 'non-disclosure, no competition' contract preventing AA himself from making copies and they might be able to enforce that if it existed and was still enforceable, but that contract would only be between LFL and AA not the rest of the UK... Since the UK has ruled the design in the public domain even if they had a rock solid contract preventing AA from making copies they would have to prove that the contract was enforceable and remedy could be sought in the court... A tall challenge to seek any remedy since the court ruled that the design is now in the public domain and copyright expired, thus the enforceability of any hypothetical contract would certainly be open for challenge to be ruled unenforceable... LFL would be suing for hypothetical nonexistent damages to rights they no longer owned...
 
Re: Lucasfilm to Strike Back March 7th

Really i don't understand all the panic or worry.
Studios even if this case affected anyone else would still have exclusive rights in the UK for 15 or 25 years, some might argue that's plenty of time to have a monopoly of a product, infact that's the sole reason these laws were invented in the first place so no company has a monopoly forever.
Even after that 15 or 25 years the studio is still free to produce goods they simply have some competition in the marketplace, seems ironic that a country of capitalists would seek to destroy the possibility of a free market and competition to me.
Of course there are also other ways to protect your property such as protecting names or logos etc which don't expire this is why Ainsworth cant use the imperial or rebel logos on his products for example.
And wheres the evidence that competition would affect sales of studio produced or licensed goods anyway ?
Have any of the copious amounts of bootleg stormtrooper armour producers including SDS prevented sales of products produced by MR or eFX ?
There will always be suckers for a brand name and official logo.

Studios will still make their money either way, don't for a second think this is about studios losing revenue because it isn't, it's about studios wanting a monopoly forever.

And lets be honest props are really a niche market, especially props from a movie or tv show thats 25 years old.
The majority of movies and tv shows don't hold much of a public interest for that period of time and then the majority of people still with interest in them don't really have an interest in owning expensive replica props from them.
Studios make by far the majority of their money from a franchise in the first few years and from mass market products.
Franchises like Star Wars are very rare beasts.
The point is between licensed and unlicensed, 'cause why would any company pay a huge license to bring something to market, when another company brings a competing but unlicensed product to market, directly competing with the licensee, cutting into their sales.

With this ruling, everybody can just go to the UK and make perfectly legal unlicensed props and sell however many they want.

Also... any UK prop maker here can just snub their nose at any C&D's coming their way if they meet the criteria set up by this case.

this won't effect the daleks on Dr. Who.

the problem here is, Lucas didn't have his own 'creature shop' to produce his designs in-house. if lucas had produced the TK helmets "in-house", (like all the creatures in ROTJ, for example), then there would be no questions about copyrights. instead, he went to a third-party and asked this third party to sculpt helmets & reproduce them for his own personal use.
The third party only formed pieces. The sculpt and all the preliminary work was done IN-HOUSE. He was just a former.
 
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How in the world could anyone in their right mind call the costume industrial design?
Exactly. That would mean that a "Stormtrooper helmet" is more or less indistinguishable from any other kind of helmet.

Pick any person on the street, and show them a hard hat--THAT they'll call "helmet". Show 'em a trooper bucket, and they're going to say "that's a Stormtrooper from Star Wars".

The mere existence of the LFL/AA issue in the first place disproves the first judgment. If they were simply utilitarian objects, people wouldn't be buying them, and LFL wouldn't care. It makes ZERO sense.
 
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