Megatron design in dispute?

[M-bot]

Saw this over at Bleedingcool.com:

http://www.bleedingcool.com/2013/08/09/a-megatron-design-gets-even-more-stealth/

No word on whether this will result in legal action, but if Don Figureon's claims are accurate, this would be an interesting case indeed. If one draws what is clearly a Transformer without consent, does the artist own the original design? Or does Hasbro own it because it's a Transformer?

I can't claim to any legal expertise. Any thoughts?

[Sky Shadow]

Don really is the Emiliano Santalucia of Transformers. Interestingly, there isn't a Decepticon symbol on Don's very first design, so it could be argued that it's just a generic transforming robot and not a Transformer or Megatron. Maybe for the thirtieth anniversary of Transformers, they can pull another Megatron off the shelves, just for nostalgia's sake. ;) Ultimately, I don't think Don has too much of a legal leg to stand on, but it would be nice if he were now compensated in some way for the design.

[kaiden]

personally i think Don owns the rights to what he draws & creates. Even though its based on an IP, Hasbro do not have the right to steal his designs without compensation. if they don't pay him for his work, that would be like every drawing, custom toy, costume ever made -belonging to Hasbro regardless of time/effort spent of the individual(s) creating them.

[Sharky]

Recently the courts ruled in Marvels Favor after Kirby's Kids took them to court for the rights of spidey xmen thor etc, they ruled that even tho kirby created them it was while he was taking a pay check from the company for that reason, so Marvel had the ground work in place and kirby visualised it. or something to that effect,

even though Don hasnt supposdly been paid for it it states that he was asked if they could use the design from a transformers story pitch he gave to IDW's Andy Schmidt (which was turned down) and he aggreed and updated it, so clearly its a transformer and clearly it was supposed to be megatron

what IDW and Hasbro do with the transformers products beyond that is nothing really to do with Don (sorry Don still love your work), he should of negotiated a contract for the design when it was asked of him from IDW.

[Paul Agnew]

Surprise surprise. The exact same thing happened when Drift got a toy back in 2010. Neither Shane McCarthy or Guido Guidi were acknowledged for creating the character or given complementary toys for their efforts.

[Hursticon]

I'd just like to bring this to the table, from The Daytime Ninja blog (http://www.thedaytimeninja.com/hasbro-stole-don-figueroas-megatron-design/):

EDIT: It seems I was confused a bit by the wording. I believe that while it’s still Don’s original design, Hasbro failed to actually notify or compensate him for them turning it into a toy. So while Hasbro does technically have the rights to the design, it’s still Don’s personal work. More of an ethical thing now.

So could this simply be a case of mishandled/lost paperwork and that Hasbro might be intending to reimburse Don at some point? - Especially now as it's had the public spotlight shone on it?

[Hursticon]

Ooh! - This rather interesting spray just appeared on my twitter feed:
(Read bottom to top ;))

http://i1032.photobucket.com/albums/a409/Darkone666au/Crap/DonRantPic_zpsce918336.jpg


These tweets can be found here (https://twitter.com/Valkysas), rather interesting that certain facts might've been omitted from the article huh? :cool:

[Sinnertwin]

rather interesting that certain facts might've been omitted from the article huh? :cool:

Indeed. Surely you would've done some detailed research on the subject before making it public

[M-bot]

These tweets can be found here (https://twitter.com/Valkysas), rather interesting that certain facts might've been omitted from the article huh? :cool:

Rich Johnston does rather enjoy kicking up a controversy - if indeed there is "nothing to see here":cool:

[SMHFConvoy]

As someone who has worked for Disney and a toy company, the contracts are riddled with clauses relating to the IP. Things like the work you make in your own time is owned by the company you work for.

However, the BC article only quotes Don and he makes mention of a verbal agreement between him and Schmidt - who then worked for IDW and now works for Hasbro - for IDW to use the stealth plane design.

There's no mention of an attempt to contact Schmidt or Hasbro for comment.

Bleeding Cool before you start a crusade I need all of the facts, such as Don's contract, who was it with? IDW or Hasbro? Was it exclusive or work for hire? I didn't need to know about a pitch meeting that Andy Schmidt failed to attend.

A quick scan of other news sites, comic book resources, comics alliance and toy news international make no mention of this yet. Same with Seibertron or TFW.

[SMHFConvoy]

Rich Johnston does rather enjoy kicking up a controversy - if indeed there is "nothing to see here":cool:

Bleeding Cool is an internet muckraking tabloid and Rich Johnston likes to think he's the Rupert Murdoch of comics.

[Sky Shadow]

Well... this thread got superfluous real fast. :p

[griffin]

Considering Don has his name MOULDED onto a toy, and his designs will live on as toys, isn't that fame enough?
(People like Don would do anything to work FOR a big company - to earn a living and get it on their resume for future job applications, so it would be known and accepted the sacrifice of their work being pimped out... after all, no one cared about Hasbro using Pat Lee's artwork to death)

[SMHFConvoy]

... after all, no one cared about Hasbro using Pat Lee's artwork to death)

Then again, Pat Lee wasn't paying the people working for him so it's a situation that balances out. Sort of like karma. ;)