Subject:
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Re: Custom Space: Obsidian Stealth Strike Craft for sale - The Brickee Mart
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Wed, 15 Dec 2004 00:48:18 GMT
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In lugnet.market.buy-sell-trade, Lee Meyer wrote:
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The fact is, I have adopted design techniques and made ships that have much
in common with other peoples’ creations. I have credited some, some after
they contacted me asking if I based a design on one of their ships. I just
don’t think people are sitting around here waiting for credits when someone
else uses a technique they use. Why are we all not crediting the guy/gal who
first began SNOT every time we build a ship with SNOT techniques? How about
the guy who first used wheels as engines?
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Giving Lee the benefit of the doubt, it is clear he doesn’t understand the
difference between copying someone’s construction techniques and copying someone
else’s designs. Furthermore he does not understand the legal/moral differences
between copying a design for personal use/appreciation vs. for profit.
Lee is trying to equate construction techniques such as SNOT or
wheels-as-engines and copying someone-else’s spaceship design. I believe that
this is clearly an incorrect interpretation. The way I see it, once posted, a
particular construction technique becomes public domain. The only way that it
wouldn’t is if the “discoverer” were to actually go through the trouble to
patent that particular parts-combination or construction method, and I don’t
know if that is actually possible.
When a person uses a set of lego elements and various construction techniques to
create a MOC the end product’s outward appearence and structure could be
considered a design. If the image/design of the end-product was an original
creation of the person’s mind, that person would then own the
intellectual-property rights to that design.
If another person created a design that closely mimic-ed the outward appearance
and general structure of the first person’s original creation (even if
internally the construction was quite unique) have they done anything wrong?
Depends. If the copy is solely for the person’s own enjoyment to sit on their
shelf or mantle, then probably not. If they post pictures of the copy on
brickshelf then I believe the community generally agrees that the copier should
give credit to the creator of the original (possibly with links to the original
work). If they try to sell it as a kit or otherwise profit from it without
prior permission of the creator of the orignal work then I believe they are in
the wrong. The really tough part of all this is how closely does the copy have
to mimic the original to be considered a copy vs. an original work in its own
right?
If the creation of the first designer was not an original idea; instead, either
a scale model of a “real-life” object or a fictional setting/vehicle not of the
MOCer’s original design then MOC creator does not have IP rights. I am reminded
of this argument over selling a GunStar
MOC that closely mimic-ed a previous GunStar MOC. In this instance I believe
that the seller would not have to obtain permission from the first MOC’s
creator. Instead the seller would have to obtain the permission of the film
company who created the movie “The Last Starfighter”, not unlike the way Lego
had to obtain a license from Lucasfilm to produce and sell an X-wing set.
I’m not sure how it would work for “real-life” vehicles/objects. I would think
that Lego had to obtain a license to produce the Ferrari sets, but would it be
necessary to obtain a license from Boeing to produce and sell a B-52 kit?? This
is where an IP lawyer would be useful.
The next extension to this question is when a person actually creates his/her
own theme such as Chris Gidden’s PCS line or Mark Sandlin’s 3vil line. Most
people here think it is pretty cool if someone else attempts to create and post
a PCS or 3vil MOC. However if someone tries to sell a PCS or 3vil MOC I would
say you would need permission from the theme’s creators first. For example, I
have a SpacePoliceII MOC that is one of my original creations. I would have to
obtain permission from Lego to sell it as a SPII MOC since Lego still owns the
copyright to the SPII theme.
If Lee’s customs are base on original works of any other person/entity and are
being sold with out the original creators’ permission then Lee is definitely in
the wrong and should be educated/dealt with by bricklink admins accordingly.
It seems to me that bricklink should already have some clause about respecting
IP rights & such when selling custom kits/instructions in their terms of use??
If not, they probably ought to.
just my opinions,
drc
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