#11
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However derivatives are covered by copyright. Meaning if you base a model or model part on somebody elses copyrighted work (rather then modeling from the original) and you market it without permission that would be illegal. One blatent example I have found of this is: You can order the blueprints of the Wright Flyer from the Smithsonian institution. You can use them to make a model of the Wright Flyer. - However if you use them to make a model to sell or distribute, the smithsonian will prosecute you. |
#12
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However, calling anyone's work on this forum, or any other, "their design", is a bit much. I have only seen 1 paper model recently, that was an "original design", and that was by Dented Rick. Everything else here is derivative work. If I want to make a one piece Hull, or, an interior for someone elses's interpretation of their airplane model, there is nothing anyone could do about that. The forum may have their own private preferences, but there is no legal issue whatsoever. The more accurate the interpretation, then, logically, the more similar they will be, and then the more interchangeable the parts will become, scale notwithstanding. |
#13
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Actually, the real bugaboo is licensing rights. You put the Ford/Boeing/Chevy, et al, logo on a model and you better have the license to do so. Paper modeling is so small on the radar, I doubt any company would prosecute or issue a cease and desist....but they could if they wanted.
The Zorn reprint of the Ford Trimotor is likely not covered because the model was copyrighted before the companies started requiring licensing rights. In the plastic model world, this is one of the reasons we see such a dearth of new models based on commercial vehicles. The licensing rights gouge the profits! Folks, the real issue here is whether we, as modelers, have the right to modify a commercially available kit, legally, morally, ethically, according to the laws of Islam, Vishnu, and the god Apollo....and sell that modification. The answer is YES! GPM has reprinted the 1/33 scale B-52, but it's in its original colors. If I want to make a repaint so that it fits the frame of the GPM B-52, I can do so and sell it without any legal/ethical ramifications. If I want to design a completely new kit that builds exactly like the GPM kit, I can do so. In fact, I wish someone would do so because the GPM kit has some annoying profile errors. Case closed.
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Maj Charles Davenport, USAF (Ret) |
#14
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#15
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so....... cdavenport, base on your opinion and your interpretations of the copyright law. I can then go take airdave C-130 gunship kit that I repainted and sell it commercially? Or, just give it away to anyone for free?
Hey, airdave, it is cool with you I go sell or give away my repaint of your c-130? And how about I selling your c-130 with six blade propeller mod, that's cool with you too right? .......... well maybe be not give away free, I'll sell it. I put too much work repaint and mod your model to give away free. Anyway, just want to give you a head up airdave, maybe you would like to buy my repaint and mod. Yes, I will give you a discount, airdave. After all, I am working off your kit. Oh, airdave, can you make a c-17 too so I can repaint and sell it too, thanks. And whoever did the Piaggio Avanti, Is it cool with you too I go sell my repaint of your Piaggio Avanti? How about you, cdavenport? You designed any models I can repaint, mod and sell? Oh, look at the time, I got a ton of free models I need to go download and repaint, and put them up for sell. Thanks to you guys interpretations, it open up a whole new opportunity for me. So, please excuse me, I got to go, I going to be very busy.
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Allen Tam https://allenctam.blogspot.com/ An artist is not paid for his labor but for his vision. 藝術家不是為他的勞工收支付,而是為他的創意。 |
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#16
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Nope - you can only sell those modification parts that you have made yourself...that might not have come through above as clearly is it should have done...so you can sell yo recolour skin but NOT the rest of the model...
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Please critique my posts honestly i.e. say what you think so I can learn and improve... The World According to Me |
#17
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Thanks SJPO! That's the whole argument in a nutshell. So, Goodduck, have a ball! I really wish I had your skill/knowledge to do the repaints digitally. As it is, I have to build the model and paint it by hand to get something different....exactly the reason I moved to paper models; I'm tired of painting!
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Maj Charles Davenport, USAF (Ret) |
#18
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..... let me see, just the part that repainted, .......... That's still everything, down to the front conver, actually, I have not repaint the cover yet, but I will now. I will repaint the cover pink, and the instructions too. and whatever airdave sell his c-130 for, I will sell my repaint ..... 3 bucks less. I'll take per order now, thank you.
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Allen Tam https://allenctam.blogspot.com/ An artist is not paid for his labor but for his vision. 藝術家不是為他的勞工收支付,而是為他的創意。 |
#19
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ok, enough of this silliness, is like I really will sell airdave or anyone else repaints. If "I" didn't made the part out of nothing but take someone else model to mod or repaint, then that is not mine. I am in fact be profiting off somebody else labor. This is my interpretations.
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Allen Tam https://allenctam.blogspot.com/ An artist is not paid for his labor but for his vision. 藝術家不是為他的勞工收支付,而是為他的創意。 |
#20
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