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July 3, 2006
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2 questions.

Mon Jul 3, 2006, 2:35 PM




The mad and silly ramblings of a Ukimori.</a>



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1. What are the legalities of having a plush of a video-game character plush that you've handmade, would you be able to sell one only on auction on ebay?

Just curious,  as Paul made another cacodemon (which we've temporarily named Sprite) and is considering selling him on ebay if this is not against the rules or law. I know I've seen plushes of various characters from games etc made only once and sold on ebay. Is this acceptable?

2. I am also considering having an art contest. Where I request that people draw one (or a few) of my characters. Would you be interested? What would you like to see as a prize? Hoew much time do you think is reasonable from start till deadline?



*curious*  :)

PS. Also, I have -no- idea what is going on with my ISP right now. They keep saying they are going to call to sort things out, but then they dont. They havent cut us off yet, but every day i am expecting it to happen :P




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** PRINTS (For now ....)**

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Also available as postcards and puzzles :)

My Live Journal Community: For anyone interested in my art.




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:iconroothragon:
I would think it depends on whether the character is licensed, and the terms of that license. In any case, the plush would be considered a 'derivative work', as opposed to a reproduction or resale, so is governed by different laws than, say, copying a video game and trying to sell it.

Profit is not a necessary factor when considering copyright violations -- you can violate copyright and be subject to steep penalties even if it is non-profit, for the owner of the copyright can still sue for punative and other abstract / judgemental damages. If you happened to profit (as in cash) as well, that's also recoverable by the copyright owner, if they so chose.

That said, I've seen many a 'knockoff' sold and traded legally, even though the resemblance is pretty strong. For instance, when Barney was pouplar, Barney-look-alike costumes abounded, but they didn't call themselves Barney, they called themselves "Purple Dinosaur", usually looking like a purple dinosaur with yellow claws.

In any event, as long as the product isn't mass produced, it's not worth the company's time to come after you. The amount they could recoup from you would probably be less than it costs to engage in legal battles with you. Look at how long it took the media industry to legally crack down on song pirating, and even then, they only bothered with the big fish.

But I think all this talk about copyright may be moot, as you may be dealing with a trademark, not a copyright. Completely different ball of wax.

A while ago, I came across this page: [link] Although it talks about UseNet and other electronic publications, it has some useful links on copyright legalese.

Bottom line: try firing off an email to the copyright/trademark holder, and ask them if you can do as you describe. Worst case scenario: they say no.

PS - if I could draw worth snot, I'd join your contest. ;)
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:iconultravioletbat:
See the thing is I have no idea if cacodemons are actually 'trademark'. I am also unsure that ID really give too big a care.. i mean they allow people to remake and use all kinds of stuff in reguard to the old doom games. Who knows, but like you said, its best to just find out, cant hurt to ask :)
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:iconroothragon:
Hmm, that's a good point. Doom's so old, they probably don't care anymore, and even if they did, they might not have them trademarked.

Anyway, if it makes it all the way to the final product, I wanna see. :)
Reply
:iconultravioletbat:
Two have already been made. One was made over a year ago, as a gift to me by a friend (now my boyfriend). and now he's made a second one and he was curious about selling the second one.

It can be found here, on the doom wiki :D [link]

It Pixel :) but the new one looks the same only better material for the horns and we have temporarily named him Sprite XD
Reply
:iconbondagepanda:
I'd enter your contest, for one. Two, don't people already sell fan plushies on ebay? Maybe you could try, and see what happens! :3 Or ask around, look into copyrighting law for a loophole, haha.


I like how you used the picture for your journal ^_^
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:iconultravioletbat:
Yeah this is what I thought Ive seen them done all the time.. -usually- unique one time pieces like my cacodemon. i dunno it confuses me really still looking into it though :)
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:iconlougaraswifthart:
like I said on LJ...a contest would be awesome!!^^
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:iconultravioletbat:
*squeal* good good :) Thanks!
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:icondrakenbyte:
~DrakenByte Jul 4, 2006  Professional Traditional Artist
I say go ahead and sell it. It's not like it's gonna make thousands of dollars and send you into millionaire status. I mean, people even sell customized MLPs, and Hasbro hasn't gone after that yet. And those people can make 60 bucks a pop with a plastic horse. O.o

Art contest? Usually I'm not so hip on those because I find them to be very bias. >< Almost all the ones I've entered have let their friends win. And then it's the whole "OMG those artist are so phenominally better than me I'll never stand a snowball's chance in hell" sort of deal.

BUT! -raises index fingure- I might enter one of yours, since I *really* love your art and even winning a sketch would make me squee with such glee. I would say for prizes 1st Full color piece w/ background 2nd Colored character 3rd Inked and 4th Sketch. For some reason I always wanna break away from having just three prizes. O.o And honorable mentions. Because those are just nice.

I'm just glad to see you online a bit! :D
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