SmilingOtter
Master Member
That would completely creep me out until I figured out how you'd done it. :lol
Necronomicon (Evil Dead II) What's out there?
- Thread starter CessnaDriver
- Start date
That would completely creep me out until I figured out how you'd done it. :lol
propologist
Sr Member
that about says it all. We don't need to give him any more time. His 15 minutes of fame died years ago when people forgot about ED
Architect
Active Member
I have a source for it too and pretty sure we could mix up a batch to look like blood and possibly have an outer wash of yellow like blood tends to have due to separation. also both in normal and photo sensitive ink. the ink is an off set ink but I am sure it could be used for screen printing. and they have an actual screen printing version too but that is kinda shiney due to it being a vinyl ink.
I have some art work to that I hold the copyright on so it would not be a problem letting anyone here use it.
exoray
Master Member
Sorry but there is much more to it than that...
If someone sues you, you have to defend or take the default... The default will almost certainly be huge and put you in the poor house... That leaves you with only one real path defend yourself against the lawsuit... This would be a Federal Lawsuit thus you need to secure a lawyer that can practice in Federal courts, they range from about $300 and up an hour... The retainer for a case like this will probably push about $5,000 before the lawyer even returns your call... Even the paperwork of answering the initial complaint will easily cost you $1000... Shuffle some more paperwork and before you actually get anywhere near trial day (have you ever looked at the Federal Civil Rules of Procedure?) you will almost certainly be pushing $5,000 in legal fees... And before anyone says counter sue for attorney's fees, they are HARDLY ever awarded unless you can prove gross negligence and down right frivolous actions by the other side... Don't hold your breath on recouping fees even if you win... And because it's Federal Court the rules are MUCH tighter and adhered to, and the Judge will not tolerate nonsense or improper procedure by either side like they do in smaller courts, so for 99% of the population that means no Pro se...
So it's not exactly a 'not worth it' lawsuit, even a loss or quick plea bargain can crush the other side financially if someone wants to push the issue...
Sometimes it's the smart move to not play with fire...
Oh, I know, I'm simply saying that both sides can get burnt if it gets to that point. Due to costs, there usually isn't any sense of "victory," moral or otherwise, even if the copyright holder is awarded his damages due to the sheer expenditure of money...not to mention time and energy.
If you do reach federal court (and often to get to that level), you must also be able to show explicitly that your work is original and not derivative itself (Unless it is sufficiently derivative to constitute a new work) and weight must be given to those who formally filed for a copyright, rather than falling back on the default position, created by the Berne Convention (Among other treaties, agreements, and laws), that states that a copyright is automatically attributed from the moment of creation. If the creator never applies for a copyright formally, then because the work was created for hire, it becomes a question of whether he, the producers, or studio actually own the rights to the artwork. For the former, if the work is not sufficiently derivative, then no claim to ownership can be made, and the entire thing becomes frivolous.
Yes, I simplified things - and just did so again - but let's remember: this is a prop board.
I think we both know threats of a lawsuit are mostly just posturing and scare tactics. Most of the time, the threat of action is as effective as the action itself. And aside from apparent frivolous calls to the police (That is a legal discussion for another day) it seems like that is mostly what Mr. Sullivan is doing; warning people into submission.
Anyhoo, back to the Necronomicon: I love that prop! Has anyone else made one (for their own personal use) they care to show off?
-Nick
exoray
Master Member
There is no 'if' unless the seller is local and only selling in the same state, if not it's interstate commerce and crossing state line jurisdictions and that bumps jurisdiction right in to the Federal Court system...
Unless you can swing summary judgment very early by some very solid proof, this won't be decided until trial, and by that time both parties are deep in the hole...
Last edited:
I was said "If you do reach federal court" in the sense of "If the accused simply doesn't take the default."
Right, but for something like this, the question of who retains the rights could become one of the primary defense.
Look, I'm oversimplifying everything. I really don't feel like getting into a legal debate (I have enough lawyers in my life that do that already). We're agreeing, I'm just brushing over a lot, which is leading to confusion. I've been trying to replicate a prop for the past few days now and am on very little sleep. My patience for legal minutia is directly proportional to the amount of sleep I've gotten...and I'm on very little. So, I say we call it quits before this gets any further off topic.
And if you'll allow me to use legalese, can we at least agree that the Necronomicon is "Freakin' Sweet?"
-Nick
SITHcamaro
Well-Known Member
Hey guys, give Tom a break. This is his work, and he needs every cent from these books.
You wouldn't want to be taking food out of his kid's mouths, would you? :angel
You wouldn't want to be taking food out of his kid's mouths, would you? :angel
dropshipbob
Master Member
Mr. Sullivan, I mean this with all due respect, but I wish you would get the hell out of here right now.
You are a tool of the first degree. Trolling people on eBay because they dared to sell something that looked like something you made years and years ago?
Does anyone on this board really want someone like you hanging around?
And I'm pretty sure what you did goes against the CoC and SHOULD get you banned retroactively.
You are a tool of the first degree. Trolling people on eBay because they dared to sell something that looked like something you made years and years ago?
Does anyone on this board really want someone like you hanging around?
And I'm pretty sure what you did goes against the CoC and SHOULD get you banned retroactively.
Is this what we've come to? Really?
We've always said as a group that we disapprove of runs for items that are currently being made under license. Here we have THE CREATOR of said item and he IS CURRENTLY making them. Now we may not like him. We may not like his prices. We may not like his tactics here. But that doesn't change the facts. He is making an approved product.
What if someone like Brian Muir was making Trooper armor and selling it at outrageous prices. Would you be insulting him if he came here telling people in blunt terms to knock off producing Trooper armor?
Have we devolved to only caring whether we like the producer or not?
Keep in mind that many others like HCG, Sideshow, QMX, etc. watch threads like this. How do you think they feel watching a person with legit production rights get treated like this?
Our hobby exists due to the good graces of studios and licensees who agree to look the other way up to a point. Perhaps we should remember that....
propologist
Sr Member
I think it's the way he's went about it. People are going to do whatever they want either way. People will always create props for themselves and then there are some that will always sell recasts or other peoples idea.
Our hobby exists because of us. the companies depend on us to buy and give them ideas. I could careless about sideshow and all the other companies getting their feeling hurt from time to time when they are making hand over fist in revenue from the fans. If Master Replicas or Sideshow didn't make say an ATAT model , then someone with the unlimited talent from here would sooner or later. It would be better and even more limited.
I heard stories about Tom before I ever heard of this place. If he would have come in here a little less heavy handed then he might get better press, but coming in with intend to make everyone mad and reinforce his actions then I give him no respect.
Brian Muir and Tom are worlds apart in their approach . Comparing them is like comparing Star Wars with Spaceballs. Brian is helpful and open to people and doesn't offer bounties for other peoples work.
As an artist myself , I understand Tom's feelings , but I would find it a honor to have someone copy my work. None of these books will ever be " THE ONE" used in the film , so why worry about it.
propologist
Sr Member
just my views of the subject....they have a place for sure in the hobby , but there not hurting for cash of things to do.
GlennZig
New Member
Holly ****... I was off line for two days. sucks that I missed most of the drama.
All I need to say is I ****ing love the Evil Dead movies, and all I wanted was my own Necro to hold my DVDs, because I knew that I could make one worthy enough to do so. Tom you do great work... But you need to realize without fans like us, you got nothing.
All I need to say is I ****ing love the Evil Dead movies, and all I wanted was my own Necro to hold my DVDs, because I knew that I could make one worthy enough to do so. Tom you do great work... But you need to realize without fans like us, you got nothing.
rollerboi
Sr Member
This is a very valid, very important thing for us all to remember. Now, granted, the situation is muddied a little bit with this particular license holder allegedly stalking/harassing on ebay, as well as reporting people police and child protective services on the basis of pure hyperbole.. There's lines in the sand that just don't need to be crossed.
But all that aside, I have no doubt the other license holders are watching to see how we treat a fellow licensee. It bears saying that we at the RPF strive to respect those licensees and want a positive working relationship with you guys. WETA, case in point.
What we don't respect is the man himself. Unfortunately, because it is so hard to separate the person from the license, we should probably respectfully cease and desist. Nobody needs to push for a lawsuit, or poke an eye. Licensees ARE welcome here, even if they do need to defend their license.
Another lesson that can be taken away from this is the fact that how you handle your fans/client base (and how we handle our licensees) can generate goodwill or ill will. Let's all strive for good will.
Propologist, I agree that certain approaches can turn people off, but I have to call you out for the above quote as being a bit reckless and not taking into consideration the larger picture of our relationship with studios and licensees.
While our hobby does exist because of fans like us, as atacpdx aptly stated, our hobby has flourished primarily due to the generosity/leniency of the studios, licensees, and true IP rights holders and we would do well to remember that. Do the licensees and studios make money off us as a consumer base? Sure they do... but it is a win-win situation. We get cool toys and they get our hard earned $$$. It isn't like they are ripping us off or twisting our arms. For the most part, we have found most of the studios and licenses to be VERY reasonable, both for self-serving purposes, and out of a genuine love for this hobby.
We SHOULD care about licensees' and true IP rights holders' "feelings" and should be striving to work with them in ways to ensure we aren't stepping all over each other and that we are working toward common goals instead of in opposition to one another. Keep in mind, this is a licensee friendly site.
rollerboi,
lol:lol
Looks like we were posting more or less the same thing at the same time. The one thing I would question in regard to your comments is whether or not Mr Sullivan truly falls under the umbrella of "license holder" or "licensee." I am not making a judgment one way or another because I simply don't know and only have his word that he is the true copyright owner (as opposed to Newline or Warner Bros?).
I am not sure I would immediately classify this situation as the same as EFx or Sideshow, but I could certainly be wrong, and your comments certainly apply to those companies and all the other official licensees, whether they have an official presence here or not.
lol:lolLooks like we were posting more or less the same thing at the same time. The one thing I would question in regard to your comments is whether or not Mr Sullivan truly falls under the umbrella of "license holder" or "licensee." I am not making a judgment one way or another because I simply don't know and only have his word that he is the true copyright owner (as opposed to Newline or Warner Bros?).
I am not sure I would immediately classify this situation as the same as EFx or Sideshow, but I could certainly be wrong, and your comments certainly apply to those companies and all the other official licensees, whether they have an official presence here or not.
