Who wants a sculpting challenge?

Discussion in 'Replica Props' started by Jedifyfe, Feb 9, 2006.

  1. Jedifyfe

    Jedifyfe Master Member RPF PREMIUM MEMBER

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    nvermind
     
    Last edited: Apr 19, 2011
  2. HAL9000

    HAL9000 Sr Member

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    A.M.P.A.S will crucify you.

    I kid not..
     
  3. The Mantis

    The Mantis Sr Member

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    I agree with Hal9000....they are 10X worse than disney and have no mercy...tons of articles on google regarding them going after bootleggers...and they wont discern between a fan and a bootlegger...
     
  4. cayman shen

    cayman shen Master Member

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    On the other hand, thumbing your nose at the law is one of life's small pleasures...
     
  5. HAL9000

    HAL9000 Sr Member

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    "Breaking rocks in the - Hot Sun..."
     
  6. voice in the crowd

    voice in the crowd Sr Member

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    :lol :lol :lol
     
  7. Jedifyfe

    Jedifyfe Master Member RPF PREMIUM MEMBER

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    nevermind
     
    Last edited: Apr 19, 2011
  8. Jedifyfe

    Jedifyfe Master Member RPF PREMIUM MEMBER

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    nevermind
     
    Last edited: Apr 19, 2011
  9. Java

    Java Sr Member

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  10. Gytheran

    Gytheran Sr Member

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    No... no rights on replica props. You are allowed to keep what you have because the studio/copyright holder has not gone after you. If it were persued, you could be held liable for possessing unauthorized reproductions of copyrighted works.

    THERE IS NO LAW STATING YOU CAN MAKE REPLICAS FOR YOURSELF.
     
  11. Jedifyfe

    Jedifyfe Master Member RPF PREMIUM MEMBER

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    If I take this on myself...what type of sculpting material would you all suggest?
     
  12. Darkknight0667

    Darkknight0667 Sr Member

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  13. rocketeer25

    rocketeer25 Sr Member

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    As a member PMd me a minute ago... I guess the pulled auction proves a point.
     
  14. moffeaton

    moffeaton Master Member RPF PREMIUM MEMBER

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    Bah. No hotlinking allowed - ruined my joke.
     
  15. Robot Monster

    Robot Monster Sr Member

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    I actually have a pretty good Oscar copy that my wife created for me for Best make-up Artist .

    She got it from Suncoast ( years ago ) and had it ingraved for me. I'm glad she did since it was a great gift.

    It was so good that later they had been pulled from the stores because of problems from A.M.P.A.S and replaced with a really crappy one.
     
  16. Treadwell

    Treadwell Master Member RPF PREMIUM MEMBER

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    I just plan on winning my own some day. ;)
     
  17. Jedirick

    Jedirick Sr Member RPF PREMIUM MEMBER

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    PERSONAL EXPERIENCE.

    DO NOT SCREW WITH THE ACADEMY...


    Let me personally assure anyone who openly sells, trade, exhibits a copy of an Oscar, even under or over scale, poorly sculpted, close to but slightly alterred, can find himself quickly between a rock and a hard place.

    I offered copies of an actual authentic stage prop Oscar to some members of this forum about 4 years ago. They wer cast from over pour resin from a local prop shop.

    No problem there. Simply because the went quietly into some private collections.

    One member here I do believe chose to recast it but I chatted with him and I believe convinced him he was going where he did not wish to go.

    Problem was the guy, an actor from a popular TV series, who owned the stage prop had me make him several copies for " actor friends" hence the origin of the mold. He was awarding several friends Oscars as a joke. One of the "friends" decided about a year later to put one on ebay and even may have had some copies reproduced for purposes of multiple sales...

    About six months later, I found myself packing up the mold for the guy who owned the prop statue and he had to surrender the statue and the mold to attorneys representing The Academy. C&D time.

    It did not matter the authentic prop had been manufactured with the permission of the Academy for use in a film screen production. The limited license they evidently gave for use as a prop certainly did not cover replication and evidently did not permit any use of the item past screen use even as a collectible.

    Since then I have acquired an unawarded, unassigned Oscar :D that was manufactured in the mid to late 1930's. Probably a showroom sample from the original company that made the Oscars. Because of it's age it is grandfathered out of the Acadmey's legal claims. Still, no way would I ever put that sucker up on ebay.
     
  18. Java

    Java Sr Member

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    Sorry. Did you really get PM'd for that Ebay link?

    If you wanted to do a search for oscar statue......

     
  19. Darkknight0667

    Darkknight0667 Sr Member

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    Javamonkey -

    Whatever auction you were looking at has been pulled by ebay, so even re-doing the search you originally did will not yield the what you wanted to link to earlier.
     
  20. PHArchivist

    PHArchivist Master Member

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    I AM sorry, but your post compels me to ask...

    How old are you.?

    Age doesn't automatically equate to wisdom, and vise versa, but the fallacy that "if I just make one for myself, they can't legally pursue" is SO wrong, and SO common amongst the naive and the inexperienced.

    Making an unauthorized copy of ANY legally protected intellectual property is against the law, regardless of the quantity made or the intended purpose.

    "Making a copy can't be any worse than a Stormtrooper". THAT is STILL illegal without license or permission from LFL.

    Sorry for being harsh. But there is a lesson here for you and other New Users as this applies to props as well. It is incumbent upon YOU to realize and fully comprehend what you are endeavouring to do, and the risks involved.

    Tread carefully.
     
  21. hydin

    hydin Sr Member RPF PREMIUM MEMBER

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    im wondering if we need a disclaimer on the website that says "YOU UNDERSTAND THIS HOBBY IS ILLEGAL AND ONLY ALLOWED AT THE GOOD GRACES OF THE STUDIOS".

    that being said, i still wanted a superman oscar style statue from that comic page, but got no nibbles, due to a: being broke at the time and b: the fact that the AA will bitchslap you into the middle ages with a C&D for anything they even THINK they dont like.

    tread VERY carefully.

    chris
     
  22. PHArchivist

    PHArchivist Master Member

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    The point here is that in this hobby, one must navigate the waters carefully. While virtually everyone here has "entered the grey area" at one point or another, we serve as a resource for each other. The experience of others can help to some degree in "charting those waters". Many here know from personal experience the ins-and-outs invovled, and areas in whcih to be more careful. Such experience, as a matter of course, should be respected.
     
  23. Trallis

    Trallis Well-Known Member

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    I think the man has a point. I stand beside him in saying if he makes one, and keeps it in his private collection, and shows it to his friends, takes no photos, no one is ever going to come after him.

    I would keep one in my house if i had a chance to get it so long as the transaction went unrecorded and was private between me and someone making a small amount
     
  24. Trallis

    Trallis Well-Known Member

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    yeah but theres no law stating you can do anything. Is there a law that says you can't?
     
  25. Java

    Java Sr Member

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    Really? I still see it. I have the item # if anybody wants to see it. They look like the ones similar to the ones at Suncoast.

    Didn't mean to cause trouble.

     
  26. Treadwell

    Treadwell Master Member RPF PREMIUM MEMBER

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  27. Darkknight0667

    Darkknight0667 Sr Member

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    Harsh, but necessary, PHArchivist.

    Can the AMPAS lawyers come for you if you make even one copy? You bet your sweet bippy they can. If they choose to, they can rip an enormous hole in your bank account.

    Will they? That's tougher to answer. If you make one copy and keep it in your house your entire life, never publicly show it, never sell it to anyone and stipulate in your will that it is to be destroyed upon your death, then the answer is probably "No". Chances are, they'd never find out about its existence.

    BUT . . .

    Can you be absolutely certain that you'd never make a copy for a friend somewhere down the line (even just one), and that he/she would guard it just as carefully? What about your heir? Can you guarantee with 100% certainty that they would do the same thing? If you can't honestly answer these questions with absolute certainty, then you risk butting up against the AMPAS lawyers, and therein lies a big vat of trouble that you don't really want brought down on you. Read jedirick's post above carefully and see how easily something like this can get noticed. Now, read it again. We'll wait . . . Read it one more time to be absolutely sure that you understand how easy it is for "just one copy" to make it's way into public knowledge before you trod down this road.

    GL, Paramount and the rest of the studios let folks like us tip-toe onto their intellectual copyrights because it's good PR to keep the fans of their properties happy. Get too big - start leaving big, ugly footprints in their lawn, and they'll sick their dogs on you right quick. Just ask folks like AA/SDS, GF or anyone else the studios have slapped down.

    Keep in mind, the AMPAS doesn't have a fan-base that they need to deal with. They aren't dependent on you like the studios are, so they'll send out the big dogs at the first sign of a tresspasser.
     
  28. ReelManiac

    ReelManiac New Member

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    Wouldn't you rather have a piece of the Agro Crag? ;)
     
  29. Trallis

    Trallis Well-Known Member

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    not trying to be a jerk here, but can someone cite that law that says you cant make a replica of something copyrighted, like just for your own enjoyment? i am honselty looking for it
     
  30. hydin

    hydin Sr Member RPF PREMIUM MEMBER

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    the term you are looking for is "copyright infringement".

    try a google search for that, and im sure you can find lots of examples of laws.

    chris
     
  31. Trallis

    Trallis Well-Known Member

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    yes and this is all i find:

    (a) Criminal Infringement. - Any person who infringes a copyright willfully either -

    (1) for purposes of commercial advantage or private financial gain, or

    (2) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000,

    shall be punished as provided under section 2319 of title 18, United States Code. For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement.


    When I have searched in the federal law for other forms that do not amount to criminal, which are cases of things being reproduced like this one, you just have to pay damages, it seems. i cant find any info on a penalty for it, because the damages would be nothing for that
     
  32. Gytheran

    Gytheran Sr Member

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    You have to do a little research on trademark and copyright. :)

    This is the first site that comes up if you type "copyright" in google:

    http://www.copyright.gov/
     
  33. hydin

    hydin Sr Member RPF PREMIUM MEMBER

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    What constitutes copyright infringement?

    Subject to certain defenses, it is copyright infringement for someone other than the author to do the following without the author's permission:
    1. copy or reproduce the work
    2. create a new work derived from the original work (for example, by translating the work into a new language, by copying and distorting the image, or by transferring the work into a new medium of expression)
    3. sell or give away the work, or a copy of the work, for the first time (but once the author has done so, the right to sell or give away the item is transferred to the new owner. This is known as the "first sale" doctrine: once a copyright owner has sold or given away the work or a copy of it, the recipient or purchaser may do as she pleases with what she posesses.) 17 U.S.C. §109(a).
    4. perform or display the work in public (this right does not apply to visual art) without permission from the copyright owner. 17 U.S.C. §106. It is also copyright infringement to violate the "moral rights" of an author as defined by 17 U.S.C. 106A. Moral rights are discussed at this location.

    http://cyber.law.harvard.edu/property/libr...copyprimer.html

    chris
     
  34. OldKen

    OldKen Master Member

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    put me down for 10. :lol

    JK

    someone should make them and engrave "most likely to go to jail for something stupid, and become Bubbas new girlfriend" :lol
     
  35. Jedifyfe

    Jedifyfe Master Member RPF PREMIUM MEMBER

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    nevermind
     
    Last edited: Apr 19, 2011
  36. Jedirick

    Jedirick Sr Member RPF PREMIUM MEMBER

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    Yeah, I figured it was no bigee. Then of course, I got my legal advice from other artists and the internet..... :unsure
     
  37. Trallis

    Trallis Well-Known Member

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    im trying to determine if copyright infringement in itself with no distribution is actually punishable in this specific circumstance, i know the laws pertainging to infringement, but there is a lot to be determined considering whether you can actually get penalized for it in this scenario.
    the one im talking about is one guy sculpting his own look alike and privately showing it to his friends
     
  38. Gytheran

    Gytheran Sr Member

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    In a case like this, you could be looking at $150K per infringement + court costs.
     
  39. Gytheran

    Gytheran Sr Member

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  40. exoray

    exoray Master Member

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    As posted by Gytheran here is the direct to the point parts...

    and
    So in reality a 4, 5, or even 6 figure judgment is not out of line even when no profits were made... Also consider them attorney's fees at the Federal level and you will be droping several $1000s easily before the first court date...
     
  41. PHArchivist

    PHArchivist Master Member

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    I'm not a lawyer (just the brother of one)...

    But it seems to me there are some operative questions here:

    1. Is making a a replica for your own use technically against the law (per the code books)
    --I'd bet real money the answer is yes

    2. Would the owner of the copyright pursue a private hobbyist who makes a single item for their own use, and effectively leverage punishment or damages via courts
    --In most cases, probably not. But this harkens back to my 2nd post. It begs an understanding of the copyright holder (as best an understanding as possible). LFL is semi-tolerant of us. Apparently, the AMPAS is not tolerant of anyone.
     
  42. PHArchivist

    PHArchivist Master Member

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    Here's another improtant thought...

    My guess is that the AMPAS lexicon doesn't recognize the term "replica" nearly as much as it does COUNTERFEIT.
     
  43. Chris Martin

    Chris Martin Well-Known Member

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    Even making a copy for yourself, lessens the value of the original and the copyright owner may pursue you for damages. They alone own the "right" to "copy" their property.
     

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