Question about eBaying replicas...

[the_eli]

I spoke to a licensing exec at Walt Disney Studios and they said that a 'replica' is an artists version of a prop used in film. It doesnt become an infringement, otherwise people would be challenging knock off brands of everyday things we see at stores we go to. NOW, the fine line is if you say for example, 'an exact replica molded from the actual prop', and that raises a flag as most of the time props are the property of the studio producing or in often times, the actors. In the case of Harry Potter, almost all props go to the studio for exhibition.

Just thought I would help.

 

[Prop-Builder]

I spoke to a licensing exec at Walt Disney Studios and they said that a 'replica' is an artists version of a prop used in film. It doesnt become an infringement, otherwise people would be challenging knock off brands of everyday things we see at stores we go to. NOW, the fine line is if you say for example, 'an exact replica molded from the actual prop', and that raises a flag as most of the time props are the property of the studio producing or in often times, the actors. In the case of Harry Potter, almost all props go to the studio for exhibition.

Just thought I would help.

What about a custom-made Jurassic Park John Hammond Cane for example? I was told this would be a fabricated piece and so not such a problem. I guess I'm ok doing amber mined pieces as that's pretty much how they're dug out of the ground anyway (none of Universal's business there), but I do wonder how close to the original JP dinosaurs I can get and still sell them legally? :confused

 

[etrigan69]

What I have seen on ebay is people sell say one trading card and it says something like "1 Batman Trading Card With Free Dark Knight Cowl". It seems to work but now that your'e flagged I don't know if I would try it.

 

[exoray]

I spoke to a licensing exec at Walt Disney Studios and they said that a 'replica' is an artists version of a prop used in film. It doesnt become an infringement, otherwise people would be challenging knock off brands of everyday things we see at stores we go to. NOW, the fine line is if you say for example, 'an exact replica molded from the actual prop', and that raises a flag as most of the time props are the property of the studio producing or in often times, the actors. In the case of Harry Potter, almost all props go to the studio for exhibition.

Just thought I would help.

The guy you talked to obviously doesn't know IP law that well... Knock off brands are constantly challenged, the problem is they pop up faster then they are taken down, and most of them revolve around patent not copyright and are foreign in origin making prosecution hard...

In the US a "derivative" work is infringement, that means if you base your work off of the original ie 'replica' then it's almost certainly a derivative work unless you take it to a new level of artistic creativity... The courts are the only one that can gauge if you took it to the next level or not and are granted new rights...

There are also Trademark issues to content with... In Trademark if your work is confusing similar it can be found to be an infringement, many movie franchises are Trademarked now...

In the end it will cost you (give or take) about $500 - $800 an hour to hire and attorney to defend you in Federal Court and roll the dice on your innocence or guilt (liability)... A big HUGE risk, with the potential for millions of dollars in judgments against you...

 

[darthinvictus]

I too have gotten a c&d and while it is something to brag about now, at the time I must say I was a bit scared. If they come after you, yer skrood!

 

[Funky]

I FRAMED both of my C&D's! :lol

 

[PhoenixVader]

I had the same thing happen with my Goonies map 4 years ago. Got the auction pulled and a nastygram. So I stopped selling them. Funny thing is, everyone and their mother sells them now without issues. Go figure. Guess it is just luck of the draw.

thomas

 

[darthinvictus]

See it's like comparing scars or tattoos