Copyright / Ownership of custom and replica props

[PointyEndProps]

Hi all!

Just had a random thought and wanted to put it out there - more curiosity than anything!

I make alot of custom props (mostly Sonic Screwdrivers from Doctor Who) and was curious what the ownership situation would be with regards to designs etc. The majority of these designs I come up with myself so I would presumably have full ownership over them, as they are original designs that are developed entirely by me in consultation with the customer.

What I'm curious about is the times when a customer will come to me with their own design, be it a custom 3D model or an image of other makers' custom screwdrivers frankensteined together in photoshop. Whilst these still require some adaptation/tweaking from me in order for me to actually be able to build them, the original designs came from the customer so would the design of the finished piece belong to me or the customer?

Just as a hypothetical to help visualise what I'm talking about... If I build a custom sonic based on a customer's design, and they then take that sonic to another prop maker to get a larger batch of the design made which they can then sell, would I have any rights to object? Is it my work being replicated and exploited for profit without my permission, or the customer just using his original designs for his own individual profit?

Further, if I were to then make another of that design for a different person, would the original customer have any rights to object? I avoid doing this anyway just out of courtesy, but it'd be interesting to know if there would be any actual problem with it.

Obviously I'm hoping to never end up in this position, but I was doing some general research around copyright/design law and it seemed like an interesting area that isn't really written about within the context of prop making!

 

[DarthWilder]

Taking the original license holder out of the equation because I believe that they have the strongest case for ownership, the copyright belongs to the creator of the original work. However, if I bring my designs/plans to a craftsman (subcontractor) hired to build for me, then I still would retain ownership of the work/idea. For CYA, I would also have this spelled out in a legal agreement before any work commenced. This is how I understand it, but I am not a lawyer, and there are always nuances to individual situations.

 

[Jintosh]

Point of Fact : If you make a sonic screwdriver that is actually shown on screen during Dr Who, then you do NOT own the rights. The current owners of Dr. Who own the rights, and you do not (unless licensed by the actual owner) own the rights to that screwdriver. You'd be trying to copyright something where the copyright already exists and is owned by someone ELSE.
Within the replica community, everyone is expected to respect the REPLICA makers work, but it would be impossible to take them to court if you do not own the ORIGINAL copyright.

If (as you say) you make something that is unique and NOT shown in any movie/TV show, then the person that made(or drew) the unique design is the IP holder.

If you drew a piece of art, and took it to OfficeMax to be printed, OfficeMax does not own the license just because they're printing it. So, if you're 3D printing someone else's design, then indeed, that customer still has the IntelectualProperty rights.

 

[13doctorwho]

If you build the prop to someone else's design, it is a work for hire. Even if you add threads or other design elements to make manufacturable. The sonic screwdriver is a great example. Rubbertoe gets concept art from the Doctor Who concept artists. They often change the design for practicality, but it's still the property of the Doctor Who art department. Keep in mind there is copyright and trademark too. You can come up with your own spin on Mickey Mouse, that is not based on any Disney version, but it is trademarked. So even though yours is unique, it can still be challenged in court.

If you do a custom sonic screwdriver (especially to sell) the BBC has the right to sue you. The way around that is to give it a more generic name and an original design. You see that a lot on Etsy. Generally, if you're not making a fortune they won't come after you... but they can.

 

[PointyEndProps]

Thankyou for the informative responses! Pretty much what I figured, but good to have a few more perspectives on it!

The BBC seem fairly relaxed with all the copyright stuff - a friend who has connections with the BBC told me that unless you're claiming to be officially licensed or anything, they don't really take much notice! I know other companies are alot more strict with their copyright though so I try to fly under the radar and word everything carefully