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Figures
Military figures of all shapes and sizes.
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Is this Blatant or is this Blatant?
jimbrae
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Provincia de Lugo, Spain / Espaņa
Joined: April 23, 2003
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Posted: Monday, October 30, 2006 - 12:10 PM UTC
Recently I posted a News Story on DML's forthcoming figure set, 'Stalingrad Inferno' which is based on an illustration by Ron Volstad in the Concord book of the same name. Here is an image of two of the figures:



Now, imagine my surprise, when over at Missing-Links I saw a link to a new (Italian) company, pointing out the REMARKABLE similarities to the DML product (also in 1/35th scale) :



Now, Ron Volstad's illustration was done a number of years ago, so i'm not entirely sure that someone woke up one morning and had exactly the same idea (including the glove under the capped figure's arm). Of course, I could be wrong....
HONEYCUT
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Victoria, Australia
Joined: May 07, 2003
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Posted: Monday, October 30, 2006 - 03:46 PM UTC
Now Jim, you surely don't believe there are unscrupulous people out there, do you? If you look down on the alleged 'copies', the figure on the right has a fold running the complete opposite way in his greatcoat...
Even the title doesn't include the same amount of similar words... :-)
novembersong
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Ohio, United States
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Posted: Monday, October 30, 2006 - 05:38 PM UTC
What a co-winky-dink!
thedutchie
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Posted: Monday, October 30, 2006 - 05:44 PM UTC
Deja Vu?
Tarok
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Victoria, Australia
Joined: July 28, 2004
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Posted: Monday, October 30, 2006 - 06:47 PM UTC
The Blues Miniatures set was announced back in mid-September, I believe about the same time as that by DML. I think the true test will come with reviews, and whether is will be worth paying about $20 more for the resin set.

I believe this to be nothing more that an unwitting coincidence, and no doubt one that will result in Blues not selling many of this set...

Out of curiosity, do DML/Concord own the artistic rights to this RV painting and the other works featured in the Concord books? If so are the images therein allowed to be freely replicated in 3D? If not are we as modellers and sculptors breaking copyrights everytime we either sculpt a figure featured in said artwork or recreate a scene in the form of a dio? Is this only limited to those who gain financially from this?

Rudi
jimbrae
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Provincia de Lugo, Spain / Espaņa
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Posted: Monday, October 30, 2006 - 07:17 PM UTC

Quoted Text

If not are we as modellers and sculptors breaking copyrights everytime we either sculpt a figure featured in said artwork or recreate a scene in the form of a dio? Is this only limited to those who gain financially from this?


Only, I believe, if you gain financially. The ASW artist Don Troiana (hope that's properly spelt), won a case a few years ago when a figure company used images from one of his paintings. No, it doesn't affect modellers, it could conceivably affect a company though... These two figures are lifted completely from the Concord book...
Tarok
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Victoria, Australia
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Posted: Monday, October 30, 2006 - 08:18 PM UTC
Thanks for the feedback, Jim.

I'd definitely like to hear the manufacturers' take on this... would be nice to hear from both DML and Blues on this "interesting" situation.
CReading
#001
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California, United States
Joined: February 09, 2002
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Posted: Tuesday, October 31, 2006 - 01:36 AM UTC

Quoted Text



Out of curiosity, do DML/Concord own the artistic rights to this RV painting and the other works featured in the Concord books? I


I believe Mr. V said (or I heard this somewhere) that indeed Concord and Dragon own the rights to the illustrations as they are commissioning him to do the paintings and thus purchasing those rights. (This is why he doesn't have 100% say in some sort of coffee table book of his work....it would have to be a collaberation between all parties involved.)
I doubt that they would want (allow) anyone to make a 3D copy of the illustrations and market them without their permission and some financial restituion.

Cheers,
Charles
Mahross
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Queensland, Australia
Joined: March 12, 2002
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Posted: Wednesday, November 01, 2006 - 10:38 PM UTC

Quoted Text


Quoted Text

If not are we as modellers and sculptors breaking copyrights everytime we either sculpt a figure featured in said artwork or recreate a scene in the form of a dio? Is this only limited to those who gain financially from this?


Only, I believe, if you gain financially. The ASW artist Don Troiana (hope that's properly spelt), won a case a few years ago when a figure company used images from one of his paintings. No, it doesn't affect modellers, it could conceivably affect a company though... These two figures are lifted completely from the Concord book...


Jim

I believe the Trioani case never made it too court and that a settlement was made. It was a shame as it actually led to Warriors removing some very good figures from theri range and one company, Glory, going out of business. However, we are see the trend of people asserting copyright all the time now. It is nto just artists but some of the major US aerospace companies are now doing it. Have you not seen the licensing on Tamiya and Italeri kits. And this is not just for Boeing or Lockheed aircraft but or comapnaies, which no longer exist, but to which they own the rights. It is a sad state of affairs.

Ross
exer
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Dublin, Ireland
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Posted: Wednesday, November 01, 2006 - 11:23 PM UTC
There's a big difference between an artist retaining the intellectual copyright of his work and a huge company wanting to make a few extra hundred thousand dollars by claiming copyright on the jeep.
Figure companies can , as Dragon does, always commission artists to do original pieces to base theri figuires on.
jimbrae
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Provincia de Lugo, Spain / Espaņa
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Posted: Wednesday, November 01, 2006 - 11:28 PM UTC

Quoted Text

There's a big difference between an artist retaining the intellectual copyright of his work and a huge company wanting to make a few extra hundred thousand dollars by claiming copyright on the jeep.
Figure companies can , as Dragon does, always commission artists to do original pieces to base theri figuires on


Thanks Pat. Any talk of licencing has got nothing to do with this 'case' whatsoever. Frankly, it says little for any company who are so short of original ideas etc., etc....

Copyright is stated clearly on all Concord Books....
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