How is this stuff allowed?

[bummer6]

I saw this on Etsy, and I honestly don't see how it's allowed to stay up there. First of all, I'm willing to bet you anything this guy doesn't have a license from GW to sell anything relating to Warhammer 40k. Also, I doubt he has permission to use the pictures he's using. I even recognize one of them as being from this forum. So my question is; how is this still here? I saw it for the first time a month ago, and it's still up, so someone must have noticed by now. Anyway, enough ranting. What I'm talking about is this:
https://www.etsy.com/se-en/listing/...fe-size-armor-7-8-foot?ref=shop_home_listings
I'm not trying to shame this guy or anything like that. I'm just genuinely curious as to why he can do this? I thought GW were very protective of their IPs.

 

[Utri]

Looking at his profile, he only has one "listing" that uses an image that he could have made. The rest all seem to be ripped from somewhere else.

It's a good question.

 

[collinE83]

since copyright and trademark stuff has to be pursued by the company itself, most don't have the resources to track down every single person that sells something related to an IP. Some are really strict, some aren't.

My girlfriend sells painted dishes on etsy, usually food painted onto plates or bowls, stupid stuff like that. She put up a cup a few months ago that had one of the characters from Bob's Burgers on it and within a week, etsy had deactivated the listing, because someone at FOX had reported it. And then there are some people that run whole businesses selling stuff and haven't had any problems.

For the most part, it's just a roll of the dice or being small enough that you don't catch anyone's attention. And if you never get a cease and desist, I guess you're okay.

 

[sabersaint]

I just don't understand people who use other's work to make money perhaps I should put up an etsy page for the same. I made this space marine suit back in 2012. I'd make another for less. And definitely wouldn't post someone else's work to sell it. http://s1170.photobucket.com/user/sabersaint/library/Mobile Uploads?sort=3&page=1

 

[mdb]

There are also automated web crawlers, you'd be surprised at the level of recognition software (just do a reverse google image and see the results!*)

I started online during the great fan-hate from IPs where you were not only highly visible (I'm on various registers as a professional costumer for film- ahah!) but you really couldn't share any derivative work- the line of Fair Use was fairly heavily handled.

I dunno, I think it's certainly worth thinking about, I am just waiting for the other shoe to drop regarding cosplayers- I suspect with more licences for product there will be fewer excuses for small operations of sellers. But that's not a given. It may open it up, it should certainly open up opportunities to make stuff for yourself if there are more tools to do so.

Okay, it's crazy but yeah, the photographer who took that photo could ask for it to be taken down. Maybe not the person in the photo or the maker, but anyone who has been given permission to use that particular photo- yes. I have had my photos of my work used to sell products before. But this was back when it was difficult for anyone who wasn't a business to actually get any traction.

*so no luck tracking the photo- just lots of uncredited images in forums and blogs! But the ultramarine was at nycc 2010 at the booth. I think there may have been two? And further Volpin made a bolt pistol to be used at the same booth, so maybe he knows?

 

[STLAssassin]

Im confused by the OP. Are you upset they are selling Warhammer stuff or that its not his image being used to sell it? This whole site is people making stuff based off others IP and at times selling it so it seems weird to be upset about that part.

 

[jarroth]

quote: ATTENTION: The images above are not mine, but from other artists who created the Space Marine Suit's. Use them as a reference of what the project would include.


looks like he iether changed it before i looked or i dont see any problem tbh.

 

[NormanF]

My problem is he says it will look like the picture but you don't know what kind of work he does. The buyer could end up with something like this.

 

[bummer6]

I think I came across a bit offended in my first post or something, which wasn't my intention at all. I'm really not upset or anything about this, I was just genuinely curious how they could get away with this without instantly getting a cease and desist from GW. And I don't see how Etsy allows it either considering he has no proof that he can produce anything even remotely close to the quality of the pictures. I would personally love to make Space Marine helmets out of foam and sell them on Etsy, but I've talked to people at GW over email and they tell me I'm definitely not allowed to do anything like that. Maybe this guy just got lucky and managed to stay under their radar.

 

[OneGoodScare]

It's really sketchy that he wouldn't just put up his own pics. That pretty much means to me that he's never actually made one, but thinks he can theoretically. Don't think he'll end selling any of those suits.

 

[yaris]

How is this allowed to happen??

Because the world is a really big place and the internet is even bigger. Also, it's the reality of supply and demand. Most rights holders license really crappy stuff and all we replica prop owners want are replica props we can own that are not stupid toys or bad screen versions.

Enter any franchised movie into etsy and ebay and there are thousands of suppliers and that is never going to change. He says the photos aren't his and his reviews are pretty good.

In the replica prop game this is a reality. The rights owners only get serious when it's an obvious business and not some random selling a few suits.