Who wants a sculpting challenge?

[hydin]

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

 

[PHArchivist]

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.

 

[Trallis]

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

 

[Trallis]

Originally posted by Gytheran@Feb 9 2006, 02:26 PM

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

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

 

[Java]

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.

Originally posted by Darkknight0667@Feb 9 2006, 03:54 PM
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.

[snapback]1180091[/snapback]​

 

[Treadwell]

Yes.

 

[Darkknight0667]

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.

 

[ReelManiac]

Wouldn't you rather have a piece of the Agro Crag?

 

[Trallis]

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

 

[hydin]

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

 

[Trallis]

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

 

[Gytheran]

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/

 

[hydin]

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

 

[OldKen]

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

 

[Jedifyfe]

nevermind

 

[Jedirick]

Originally posted by Trallis@Feb 9 2006, 04:50 PM

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

[snapback]1180146[/snapback]​

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

 

[Trallis]

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

 

[Gytheran]

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

 

[Gytheran]

http://www.copyright.gov/title17/92chap5.html#503

 

[exoray]

Originally posted by Trallis@Feb 9 2006, 05:03 PM
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.

[snapback]1180171[/snapback]​

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

© Statutory Damages. -

(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.

and

§ 505. Remedies for infringement: Costs and attorney's fees

In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs.

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...