Newbie Question Regarding the Law

[DeepDenizen]

Hello everyone i'm new to the forum so please excuse this post if it sounds ignorant, but well i am when it comes to the law around replica props.

Can someone make a prop of anything and sell it as long as they label it a fan made prop? For example if i built a full scale C3PO of my own (a project i have in mind) would it be ok to sell this or would that be illegal? Obviously i don't want to break any laws. I did try and search but there were so many pages i struggled to find an answer.

Any help would be gratefully received.

 

[James Kenobi 1138]

Complete copyright infringement against the Studio as well as the company, if any, that holds a licence to make other items of that type (costumes, props, masks, helmets).

Being fan made, garage made, or even made 'for no profit' does not skirt the law. They own it, and sometimes they let us play in their sandbox.

 

[Son of Skywalker]

Are you scratch building it? Then no one seems to care...

 

[DeepDenizen]

Complete copyright infringement against the Studio as well as the company, if any, that holds a licence to make other items of that type (costumes, props, masks, helmets).

Being fan made, garage made, or even made 'for no profit' does not skirt the law. They own it, and sometimes they let us play in their sandbox.

That's such a shame i'd have love to have made C3PO, but nevermind and thanks for the info

 

[DeepDenizen]

Are you scratch building it or casting parts?

Well as it appears to be illegal i won't be making it at all

 

[A Toxic Microbe]

Well, you can make it, no problem. It's just the selling part that gets pretty touchy.

 

[James Kenobi 1138]

You could make it for yourself, the Studios don't seem to mind fans making things for themselves. It's the selling part.

Right now, Sideshow Collectables has the licence to make 1:1 C-3P0. They just went on sale a few months ago.

By obtainint the licence it means Sideshow is paying Lucas Film Limited (LFL) a ton of money to 'rent' the likeness of C-3P0. Because LFL has a stake in how it's property is represented, part of the contract is LFL gets to have a say in how the statue is made, materials used, final design, craftsmanship, literature..... basically everything.

Sideshow has to front all the cash for the R&D, prototypes, and basically make say 2500 of them with their own money. They get their money back, plus profit, plus extra to equal out licence fees to LFL by selling them to the public.

Both LFL and Sideshow could sue you for SELLING 1:1 C-3Po's. LFL because they own the design, the character, the likeness. Sideshow because they have the right to sell copies of the likeness.

Making something for yourself with no intent to sell, Sideshow would be hardpressed to sue you, LFL could but probably never would.

99.9% of what we do here on the RPF is 'illegal' in the guidelines of the example I gave. It's usually the making and selling part that gets people in trouble.

 

[DeepDenizen]

You could make it for yourself, the Studios don't seem to mind fans making things for themselves. It's the selling part.

That was a very good reply thank you it cleared up a lot So basically if i pick something to replicate i need to google it and see if i can find if it has been officially licensed if i intend to sell it.

My only further question is if a company has the license for a 1:1 replica, does that mean i could make say a 2:1 and it would be ok or would their license extend to that as well?

 

[Bossk]

You might consider joining the 501st or Rebel Legion. Membership is free and they openly make SW props and costumes, and even support Lucasfilms. Although they do not sell their stuff commerically, they do buy and sell it among themselves and I am sure other members would love to buy a good C3PO. If you have the right physique to be C3PO, this could be you costume.

 

[scarf man]

Since when do we discourage newbs from making props of any kind, legal or not?
Not very RPF if ya ask me, but no one asked me anyway. :unsure

Dude, just make sure it's 100% accurate or we will have a problem :lol

 

[James Kenobi 1138]

It's a safe bet just about anything you could make is probably already licenced.

But....... sometimes it's all about how you sell something. Make 100 of them and put them on ebay- you'll probably get a C&D and have to turn everything over to avoid getting sued.

Make a few and sell them through prop boards ? Maybe a better angle.

 

[James Kenobi 1138]

Since when do we discourage newbs from making props of any kind, legal or not?
Not very RPF if ya ask me, but no one asked me anyway. :unsure

No discouragement, just answering his question about if it was legal or not (says the man who owned many illegal lightsabers and SW costumes ).

 

[James Kenobi 1138]

Thinking more about it, he didn't ask 'Do you think I should make these even though it would be illegal ?'.

He asked 'I'm new, I want to do this, is it illegal ?'.

That's what I was trying to answer.

 

[DeepDenizen]

Thinking more about it, he didn't ask 'Do you think I should make these even though it would be illegal ?'.

He asked 'I'm new, I want to do this, is it illegal ?'.

That's what I was trying to answer.

I am very grateful for the way you answered my questions, i didn't see it as discouragement, just being informed I have gained a good deal of info from my very first post, really liking the forum already.

Cheers guys/gals. (There are some gals here right? Right?) :lol

 

[exoray]

In short under the black and white version of the law you have no right to build it for even yourself as it's someone else's owned property... In the black and white version of the law, Copyright law does not revolve around sales, it revolves around 'gains' and in the black and white version making even one for yourself is a personal 'gain' thus a violation of Copyright... Copyright is a complete control right to the likeness for any use/gain, except those outlined as excluded under law...

But in the real world...

Copyright is mostly a civil matter in a very gray context, thus there is no incentive for owners to go on rampages against everyone, and alienate the fans for expressing 'Fandom' Make it for yourself and don't sell it there is probably a 1 in a billion chance of getting sued or even drawing attention, doesn't mean you couldn't but it's highly unlikely... Selling, giving away, trading or what not and the chances increase exponentially, there have been people that have got C&D in this community before they even sold a single item, while others sell 1000s... It's a roll of the dice... But there is no doubt that selling or offering the item to others is sure to increase your visibility and draw attention towards you...

 

[SithLord]

That was a very good reply thank you it cleared up a lot So basically if i pick something to replicate i need to google it and see if i can find if it has been officially licensed if i intend to sell it.

My only further question is if a company has the license for a 1:1 replica, does that mean i could make say a 2:1 and it would be ok or would their license extend to that as well?

No, it doesn't have to be officially licensed to be copyright protected by the studio. Basically anything that appears onscreen in movies or TV is potentially copyright by the studio. And it doesn't matter if it is scratch built, 1:1, 2:1, 1:20. If the item looks like a prop or design from the production, then it is copyright, and that extends to interconversion from 2D to 3D or vice versa.

So the legality is not simply based on there being a license. Licenses are extended to companies which replicate and sell copyright material, but it is the copyright by the studio, and not the license, that determines whether something can be replicated and sold or not.

The people that get in trouble with copyright have websites advertising sales of the items, or large ebay sales. But generally on the private forums like this such activity is common. Here on the RPF in particular one has to make sure that you do not recast someone's item, or offer something that is already available from a licensed vendor.

 

[scarf man]

I am very grateful for the way you answered my questions, i didn't see it as discouragement, just being informed I have gained a good deal of info from my very first post, really liking the forum already.

Cheers guys/gals. (There are some gals here right? Right?) :lol

Ok, my mistake.
.....and yes, there are some wonderful gals here.

 

[James Kenobi 1138]

No, it doesn't have to be officially licensed to be copyright protected by the studio. .

I wasn't trying to say something had to be licenced to be Copyright Protected, but I can see how my post could have been read that way.

I was trying to say that if there is a licence, you could get a double-wammy for making and selling.

No one is making, say, licenced Automan props, so the radar is very low on selling those, but the Studio does still own the rights and can protect them.

 

[James Kenobi 1138]

.....and yes, there are some wonderful gals here.

Oh, yes indeed, where do I start ? :love

 

[scarf man]

Oh, yes indeed, where do I start ? :love

No ofence intended to any of the other fine gals, but Jediscout is a hero of mine and THE grand dame of the rpf IMO.