Author Topic: Checking the legality of a 3rd party mini...  (Read 4181 times)

Major Headcase

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Checking the legality of a 3rd party mini...
« on: 28 October 2020, 23:19:03 »
I've read the rules about showing minis using derived designs from other Mechwarrior/Battletech sources, however, I found this mech here that says it is an original design for a contest. Ths mech doesn't look like a copy of any mech I know, but I'm far from familiar with all the different old PC game designs and such.
Does anyone know if THIS is an IP breaking copy?? Would the miniature of this design be forum friendly??

Renard

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Re: Checking the legality of a 3rd party mini...
« Reply #1 on: 29 October 2020, 15:59:06 »
It looks like the unholy lovechild of a Blackjack and a TIE fighter. I approve.

General308

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Re: Checking the legality of a 3rd party mini...
« Reply #2 on: 29 October 2020, 17:28:09 »
It looks like the unholy lovechild of a Blackjack and a TIE fighter. I approve.

Tiejack I like it

DEZOAT

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Re: Checking the legality of a 3rd party mini...
« Reply #3 on: 29 October 2020, 17:31:41 »
 OK I have seen  this mech before it the guy in Poland who make them let leave it at that  :-X. I like his works and it the Vees that I really like a lot.
« Last Edit: 29 October 2020, 17:33:43 by DEZOAT »

Asgo

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Re: Checking the legality of a 3rd party mini...
« Reply #4 on: 29 October 2020, 17:35:03 »
Tiejack I like it
or let's make it a black tie event ;)

I suppose taking a scatter shot at 2 IPs is less problematic than hitting close on one, but don't quote me on that. Common sense or reasoning never really helped me figuring out licenses and intellectual rights...

Bosefius

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Re: Checking the legality of a 3rd party mini...
« Reply #5 on: 29 October 2020, 20:03:31 »
This is fanart, so has been moved to the appropriate section.
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Major Headcase

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Re: Checking the legality of a 3rd party mini...
« Reply #6 on: 29 October 2020, 20:08:13 »
This is fanart, so has been moved to the appropriate section.

But my question was in regards to the rules defining 3d printed miniatures? As posted in the Miniatures section??

Elmoth

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Re: Checking the legality of a 3rd party mini...
« Reply #7 on: 30 October 2020, 01:53:19 »
Doesn't look look like a copy of an existing mini. It is a mech all right, but not a battletech mech. But I am in your case: there are more than 650 mech chasis and I hardly know a fraction of them

Renard

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Re: Checking the legality of a 3rd party mini...
« Reply #8 on: 30 October 2020, 09:13:50 »
I am not a lawyer.

Doesn't the artist retain the rights to their design, unless they've placed it in the public domain or licensed it for use under something like Creative Commons or copyleft? 

I'm guessing you could just email and ask for permission to make 3d prints of the design for personal use, and they'd be like, "Sure, I give you permission to make copies, as long as you send me one" or something.

I know FASA's experience has made them very wary of copyright law.  Maybe the permission/written approval is the way to go?

Jhousdan

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Re: Checking the legality of a 3rd party mini...
« Reply #9 on: 30 October 2020, 09:41:36 »
I am not a lawyer.

Doesn't the artist retain the rights to their design, unless they've placed it in the public domain or licensed it for use under something like Creative Commons or copyleft? 

I'm guessing you could just email and ask for permission to make 3d prints of the design for personal use, and they'd be like, "Sure, I give you permission to make copies, as long as you send me one" or something.

I know FASA's experience has made them very wary of copyright law.  Maybe the permission/written approval is the way to go?

A copyright becomes public domain  95 years after publication or 120 years after creation according to US copyright law. (For creations/publications made after 1976)
« Last Edit: 30 October 2020, 09:43:14 by Jhousdan »

Jhousdan

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Re: Checking the legality of a 3rd party mini...
« Reply #10 on: 30 October 2020, 09:42:10 »
Double post

Bedwyr

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Re: Checking the legality of a 3rd party mini...
« Reply #11 on: 30 October 2020, 09:45:08 »
But my question was in regards to the rules defining 3d printed miniatures? As posted in the Miniatures section??

Those clarifications still apply under Rule 10. I'm not familiar with the miniature or its origins. It depends on the intent of the creator. Is the picture created with the blessing of the artist (selling or giving either the STL or physical models)? That's kosher. If it's someone else making a reproduction of the artist's work without the artist's permission, then that's a copyright problem and we'll remove the post and probably issue warnings.

Edit: also to clarify the points above, copyright (at least in the US) applies automatically on creation of the work. There's no application process.
« Last Edit: 30 October 2020, 09:46:52 by Bedwyr »
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Renard

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Re: Checking the legality of a 3rd party mini...
« Reply #12 on: 30 October 2020, 10:25:46 »
A copyright becomes public domain  95 years after publication or 120 years after creation according to US copyright law. (For creations/publications made after 1976)

That's correct, but I don't know that any of us will be alive for that to occur in this case, haha.

Artists can place their own work in the public domain whenever they want.  Tom Lehrer, for example, just did this to try to revive interest in his music. 

The implication of a work being in the public domain is that anyone can use or profit from productions or performances or adaptations of the work.  Copyleft or creative commons type licenses allow for reproduction or adaptation, but not generally to profit from the work.  A lot of computer code, for example, is licensed under creative commons, but you can't tweak it a bit and put a brand on it, and start selling copies of it: that would violate the license.

Again, not a lawyer.

Major Headcase

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Re: Checking the legality of a 3rd party mini...
« Reply #13 on: 30 October 2020, 12:04:23 »
Well, I guess the main point is: it doesn't look like an MWO or old PC version of any known Battletech design then? Which was my original question. That makes me feel better.  :)

Thanks anyway guys. I'm not going to post pics of it in my collection though. I just don't trust the decision making process here enough to risk it.  :thumbsup:

It WILL look good painted up and standing next to my new Clan mechs, though!!  :D

Failure16

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Re: Checking the legality of a 3rd party mini...
« Reply #14 on: 01 November 2020, 15:32:58 »
Why wouldn't that be legal for posting? It is not a reproduction, it is an original design for a manufacturer. Its no different than an IWM model, or one from, say, Brigade Models, Ground Zero Games, Alternative Armies, etc. (all of which may produce their own designs, but also have produced designs from outside sculptors/creators).

And it's not fan-art.
« Last Edit: 01 November 2020, 15:40:30 by Failure16 »
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Major Headcase

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Re: Checking the legality of a 3rd party mini...
« Reply #15 on: 01 November 2020, 15:50:44 »
Why wouldn't that be legal for posting? It is not a reproduction, it is an original design for a manufacturer. Its no different than an IWM model, or one from, say, Brigade Models, Ground Zero Games, Alternative Armies, etc. (all of which may produce their own designs, but also have produced designs from outside sculptors/creators).

And it's not fan-art.

   My worry was that there are a LOT of websites selling illegal resin copies of MWO designs and designs taken from the older PC games as well. I didn't recognise this model as a reproduction, but I'm not super familiar with the computer versions, so I figured I'd check here before I purchased one and posted pics. I'm already not one of the mods favourite people so I'd rather not risk the ban-hammer over a mistake.  ;D

Bosefius

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Re: Checking the legality of a 3rd party mini...
« Reply #16 on: 01 November 2020, 20:33:18 »
As long as it isn't an illegal copy of someone else's artwork, it's fine. Without anyone saying they know the original artwork, I would say it's fine to post the miniature, since it's an original design. If someone says something, just point them to this post.
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Bedwyr

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Re: Checking the legality of a 3rd party mini...
« Reply #17 on: 18 November 2020, 22:40:40 »
Showing up a couple weeks late here. That's my fault, so apologies.

The ruling after consultation with the admins and the mods is that Strato minis are reproduction modelers and aren't welcome on this website. Normally we'd parse whether a particular work is acceptable or not. The post clarifying the source of the mini has been removed, but we won't take any further moderation action, especially given that everyone here has been discussing in good faith.

I will, however, be locking the thread.
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