AJ, you keep saying something about the original Vigo painter being allowed or not allowed to be upset. No one controls another's emotions. We can't start or stop the original artists irritation nor are we trying to do so.
Art, I am simply talking in the vernacular of this thread. The artist expressed his disapproval. He does not support the reproductions. He said that there were dozens of artists working for him on the project. No single person has a right to grant approval to sell copies of the photo except for the copyright holder. Rhett's claim is that he is 100% able to offer them because they are "at cost" and he has the approval an an artist that worked on the painting.
Why is that ignored? Its like producing a counterfeit COA.
Everyone knows how this hobby works. If the original artists does have rights and if he is so egregiously offended at what has transpired, there are avenues available to him for resolution. If he chooses not to seek those avenues, and only chooses to express his displeasure... I don't see where that should dictate action on anyone's part.
He in fact did go to his lawyer for counsel. The result of that is unknown to me as I was not the one creating a legal "threat" (unlike Tripoli believes).
What we are not going to get into or debate is whether or not he has a legal leg to stand on. I am sure you will say that he does
Please do not put words into my mouth. It would help to prevent the debate if you didn't try to create one. As would have the following paragraph in your post. I do not know why you choose to debate me and only me as there are several other people posting information here. I was the only one to choose to stick up for Superman and his run, how do I have such horrible character because of this?
What you are suggesting is that we bend and comply to the whim of every Joe Blow who comes by with a claim of "that is illegal" or "I own the rights to that" or "you must take that down because I said so."
This is one thing I will come to agree/disagree with you. Of course you don't do whatever any "Joe Blow" says. However if that person is the credited and known creator of something? I think I would handle that differently.
I just ask the professionals. If we did as you suggested and buckled to every whim that is backed with the CLAIM of legal standing, this site wouldn't still exist.
This is not a legal battle now. This is a moral battle. Because everything people do on this site is not legal. Recasting is another level in an already illegal pool. Its up to you to decide based on morals and not legal doctrine at this point. I am fairly certain you have already made your decision on that however given the posts directed at me. I was not the one who recasted these items.
We did shut down the thread after you contacted us saying you had contacted the original artist and the the was taking action to have the sale ended. You requested that the thread be shut down immediately.
And he explored the avenue with his lawyer. Not me. My request was an opinion. Not a legal threat. I'm sure I used the word "should" at some point. Any mention of a legal implication was merely passing the information along and not a threat.
Going to a studio or having legal action brought against a member of the board by a studio is against the COC and is a bannable offense. It would depend if you are targeting an individual or bringing attention to the board here.
Not a studio. The indivdual was a recaster and was making a product in the grey area of digital recasting. More text that has been posted above shows that all he did was take the file done by others here and had it printed. Usage of the word "at cost" seems to make it ok.
Having made the threat and us taking down the thread on the short term, I would have liked to hear back from you on it officially being taken action of as you had noted it was in the process of, or other actions by you. You went silent after that pm and we ended up allowing the sale to go on because of such.
As I have had to mention numerous times in this thread. I was not the one taking legal action. I was merely explaining what was going on. The Private Message that you talk about was written as a summary and was not personally directed at me. In fact I read it and had assumed it was for another moderator and was sent to me by mistake. We exchanged several PMs after that message. You did in fact hear from me again.