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Post by RBCustoms on Jan 19, 2015 9:09:02 GMT -8
Hey guys,
So I posted a topic in the BrickLink Forums trying to promote my store and products, and several members replied saying that my designs are "illegal" and violate TLG copyright laws. This is, and was not my intent. I created my cape designs the same way that 100s of other customizers and decal creators have done. What do you guys suggest I do. I have stated several times that these designs are completely custom. Should I contact LEGO, put in for a copyright on my designs, ect.?
Let me know your thoughts. I don't want to cause any trouble.
Thanks,
~RBC
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Post by RBCustoms on Jan 19, 2015 9:31:34 GMT -8
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Lego3364
Lenfald
Gotta love Cracklink
Posts: 574
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Post by Lego3364 on Jan 19, 2015 10:12:44 GMT -8
Maybe Shift the Dimensions some, make it a bit wider/skinnier.
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lilcurt
Outlaws
Back Home, Somewhere along the Lenfeld, Garheim Border Preparing for winter :)
Posts: 1,041
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Post by lilcurt on Jan 19, 2015 12:39:04 GMT -8
Biggest issue your going ro run into is the use of TLG sidgils, falcon, dragin, lion etc. Now yes some of what you have seems to be one off crest designs. However just by changeing the background colors or layouts dosent nessecerilly make the design "custom". You can of course contact Lego and see what they say. But if they look at some of your designs dont be supprised if you get a Cease and Desist order, for some or all of your current line. You will never know unless you ask the powers that be. Just my 2 cents...
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Post by RBCustoms on Jan 19, 2015 13:27:43 GMT -8
Here is the email I sent to the LEGO Group:
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Post by RBCustoms on Jan 19, 2015 13:34:12 GMT -8
Biggest issue your going ro run into is the use of TLG sidgils, falcon, dragin, lion etc. Now yes some of what you have seems to be one off crest designs. However just by changeing the background colors or layouts dosent nessecerilly make the design "custom". You can of course contact Lego and see what they say. But if they look at some of your designs dont be supprised if you get a Cease and Desist order, for some or all of your current line. You will never know unless you ask the powers that be. Just my 2 cents... Would that mean I couldn't sell ANY capes, EVER AGAIN, or just not the ones i currently sell (were I to get a cease and desist)?
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lilcurt
Outlaws
Back Home, Somewhere along the Lenfeld, Garheim Border Preparing for winter :)
Posts: 1,041
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Post by lilcurt on Jan 19, 2015 22:54:43 GMT -8
It all depends on how the wording of the order is. It would be hard to say. I know a few Garage Manufactures of Sci fi kits, that have lost business's due to what was deemed a copyright infringement, because what they produced was a set that was an exact representation of a licensesed design. Your treading in murky waters, and you will have to wait to see what Lego responds back with.
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andhe
Squire
More building, less talking.
Posts: 948
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Post by andhe on Jan 20, 2015 2:59:06 GMT -8
I have no knowledge of law or copyright, but I would say that if you're using sigils or logos designed by lego then you're probably in murky waters. I think a lot of customisers are probably breaking laws (I'm thinking especially of those that print their own superhero figures) but are small-enough fries that TLG don't care, or it's not worth their hassle chasing them.
What TLG DO seem to be hot on, is protecting their name, and making sure blogs and services don't use the name LEGO anywhere that they shouldn't.
You probably would have been fine as long as you weren't directly copying a lego product or claiming it to be a lego product (so your disclaimer is a good idea) but after bringing it to TLG's attention they may just ask you to remove the products that use official sigils etc.
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Post by RBCustoms on Jan 20, 2015 5:07:39 GMT -8
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pyro5050
Outlaws
Resident Historian
Building a ship north of Dingewater
Posts: 446
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Post by pyro5050 on Jan 20, 2015 8:11:48 GMT -8
Hey RBC, capes with logos from official LEGO lines, stop selling them. too big of a risk. just use them for give aways and such. True custom cape logos and such, sell away. do not state that they are "LEGO capes" though, call them "Custom capes, Compatible with LEGO" they can be the exact same shape as LEGO but cannot use any of their images. you also cannot modify images created by others to do your own custom works. see Okami "IGN" issues... i see why you got into some hot water with some of those guys there. the wording you used didn't accurately describe the products and some of your product is actually a copyright infringement. Also, once you get all that jazz sorted out, let me know, I am Canadian.
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Post by RBCustoms on Jan 20, 2015 8:41:29 GMT -8
Hey RBC, capes with logos from official LEGO lines, stop selling them. too big of a risk. just use them for give aways and such. True custom cape logos and such, sell away. do not state that they are "LEGO capes" though, call them "Custom capes, Compatible with LEGO" they can be the exact same shape as LEGO but cannot use any of their images. you also cannot modify images created by others to do your own custom works. see Okami "IGN" issues... i see why you got into some hot water with some of those guys there. the wording you used didn't accurately describe the products and some of your product is actually a copyright infringement. Also, once you get all that jazz sorted out, let me know, I am Canadian. Well I unfortunately just lost a large ($400) order. I had a reseller lined up from/for Germany, but because I had to remove 3/4 of my current production line, he asked to cancel the order rather than swap for different products! Oh well! I will definitely take you up on your offer. I've had 3 reseller inquiries in the last 24 hours! At least that gives me a glimmer of hope for the future!
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AK_Brickster
Innkeeper
Scouting the Lenfel Border
Posts: 3,272
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Post by AK_Brickster on Jan 20, 2015 8:53:05 GMT -8
The easiest way to avoid any legal trouble is to draw your own designs. Do not take an existing design and slightly modify the dimensions, as that leaves too much "gray area". Or, if you aren't a very good artist, get a friend to do some designs for you, and get permission from them to use their work on your capes.
That said, you probably can get away with selling stuff printed with artwork that you don't own, but you do run the risk of getting in trouble.
Like Pyro said, you can still make them and give them away, but selling them for profit is where you run into risks, and it's just a matter of what you're comfortable with.
I hope that helps.
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Post by RBCustoms on Jan 20, 2015 8:55:04 GMT -8
The easiest way to avoid any legal trouble is to draw your own designs. Do not take an existing design and slightly modify the dimensions, as that leaves too much "gray area". Or, if you aren't a very good artist, get a friend to do some designs for you, and get permission from them to use their work on your capes. That said, you probably can get away with selling stuff printed with artwork that you don't own, but you do run the risk of getting in trouble. Like Pyro said, you can still make them and give them away, but selling them for profit is where you run into risks, and it's just a matter of what you're comfortable with. I hope that helps. Looking at my store now, I should be "safe" right?
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AK_Brickster
Innkeeper
Scouting the Lenfel Border
Posts: 3,272
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Post by AK_Brickster on Jan 20, 2015 8:55:46 GMT -8
Lastly, and this is more from a marketing perspective, I think it would be better to have pictures of your actual capes on your site, instead of digital images. Take a look at another site I'm sure you're familiar with, " Cape Madness". I am about 10x more likely to buy from him than from you because I can see what his physical capes actually look like. There is no question about what the quality of the finished product is when you can see it "in the cloth".
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Post by RBCustoms on Jan 20, 2015 8:59:42 GMT -8
Lastly, and this is more from a marketing perspective, I think it would be better to have pictures of your actual capes on your site, instead of digital images. Take a look at another site I'm sure you're familiar with, " Cape Madness". I am about 10x more likely to buy from him than from you because I can see what his physical capes actually look like. There is no question about what the quality of the finished product is when you can see it "in the cloth". Agreed. Now that I have revamped my production line, it will be easier to do this. Funny you should mention Cape Madness, he is the one who got me into the custom cape business in the first place. He originally though I was from the UK and wanted me to be an official reseller of his products. We've become pretty good (online) friends. He has been like my custom cape 'mentor'.
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