<div class='quotetop'>QUOTE(studioscale @ Mar 7 2007, 04:15 AM) [snapback]1433411[/snapback]</div>
if you have no license to sell these you cant sue anyone for recasting any of your kits if the such kit resembles a known image so if you make a kit of lets say a "Enterprise NX-01" and you paid a pattern maker to make your patterns or even if you did them yourself and you then sell these kits its still wrong and a bootleg, first of all you had no permission to sell this garage kit anyway, and just like the saying goes if looks and walks like a duck it is a duck, if it looks like an enterprise nx 01 it is a enterprise nx 01, dont try telling the jury or a judge your kit is different, it wont work and you will loose.
not defending the person in question, but many of you think you "own" the rights to these kits your producing, get real. you dont. your making product of a copyrighted image and unless you hold such license your kit is not protected under copyright laws, your selling bootleg counterfiet items to begin with, so dont compare your bootlegs to "art", you will get in trouble if you continue to believe you will win this argument,
Just telling it like it is, simply calling your kit something else doesnt protect you in any court of law in the US.
[/b]
The laws are something, ethics are other.
Maybe the guys who did a model kit (which is copyright) doesnt have the rights but he built the master, put lot of money and time on this. What does the recaster ? Only badly mold the parts done by someone else. No talent. No time spent to build the pattern. Only some RTV and poor resin.
You're right, the laws are the laws... But I could undertsand than you like models, right ?
And like everyone here, you like nice and fine models, right ? That's what you get from a talented guy who built his pattern himself. Quality. Crispy details. That's not the case of the recast models. And very often, the recaster sells the model more than the original modelmaker did. The buyer get a bad product for a higher price. Is it your interest ? Do you want to get @#$%. for thousand bucks ? Not me, sorry.
But as I said, you're right. The laws are the laws. But not only for models. Some monthes ago, someone did a site and boards, badly copying the StarShipModeler (SSM) (copying name and logo). That what a bad counterfeit since it was selling bad stuff (recast models) and I think the owner of this site would not win against a judge. Yes, StarshipModeler and the logo are copyrighted, and let's call a duck a duck, the name and logo of the site Im talking about was clearly copyied on Starshipmodeler.
All that to say that there on one side talented guys,making and offerring very good stuff for people wo cant do it by themselves, and on other few untalented guys who only put an existing model into RTV and poor resin. Nothing more.
I will dont lie, the first guys do it with passion. The second kind of guys do it for cash. $$