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I like to think of it as a form of fan art, commissioned fan art if you will, there is no denying the engineering or the asthenic of one of these pieces of plastic art is as good as any sketch some artist whips up and makes a print of and sells/gives away at a convention. if you want to claim infringing on someone's intellectual property then fan art is just as big an infringer as a Fan Art toy company
I agree, and this is also why I personally don't purchase fan art.
They are indeed knockoffs, though "knock-off" usually carries a connotation of an imitation of inferior quality offered for a lower price. In the case of these "knock-offs" they are usually of equal or higher quality and sold for a higher price, given that I can understand why the word doesn't feel like a perfect fit for some.Quote:
Originally Posted by GoktimusPrime
You just reminded me of this really great post:Quote:
Originally Posted by Sharky
Is Fan Art Illegal?
This is an SDCC seminar by a copyright lawyer who used to work for Paramount Pictures. It's like an hour long but really good. If you don't have the time the main points are summarised in the article/post under the video.
Basically:
I still buy and commission fan art though :D the artist alley at botcon was the best!Quote:
Do you own the character in question?
Yes? Do what you please!
No? You have no legal right to profit from work featuring characters without permission from copyright holder.
No? You have almost no rights to create such works not for a profit, either.
I don't see all third party stuff as infringing on IP, because there are some third party products that are licensed (ex gokin, for example, who do some superb work but at exceptional prices), and Hasbro are seeking to license third party producers who distribute their product through Shapeways (have a look at the MLP stuff that's already there). Takara do the garage kit licenses, so I'm not entirely convinced that third party producers couldn't make an effort to seek licenses.
And there are plenty of third party products (swords, guns, etc) that are compatible with transformers (eg 5mm handles) and are original IP. I'd much prefer to support new product and new designs than a rehash of an existing character, especially with the diversity of stuff Hasbro makes in the Generations line. Plus as much as we complain about HasbroAU pricing, is still substantially less than third party products.
I'll give you an example. FansProject did their Retro-Future Glaciallord line (a combiner mammoth and other prehistoric animals). They did cel animation style art reminicient of generic 80's anime, and an original box design. I bought it in a snap, and I think its my favourite "third party" product out there. Even the "Scramble-City" style combiner ports didn't infringe Takara IP, because the patent in these has expired and entered the public domain.
Sadly though its not widely available or reissued, so I suspect it wasn't a great seller.
Judging from pictures, I wouldn't say that Glacialord is a knock off, rather a unique product that someone's made which happens to be compatible with a nearly 30 year old Transformer design. This isn't too different from IBM compatible computers (and components) or generic brand automotive parts (e.g. an oil filter that is compatible with a Toyota Corolla engine that isn't manufactured by Toyota).
I personally have no issue with such toys. They're not my thing, but I don't object to them at all. :) Heck, Hasbro's been known to make their toys cross-compatible with toys from other companies; e.g.:
* G2 Gobots (CR/RiD Spychangers) -- they're compatible with Mattel's Hot Wheels launchers and tracks. This isn't explicitly mentioned or marketed anywhere on the toy packaging, but the toys are all the same width as standard Hot Wheels cars, and their free-spinning axle gimmick allows them to conserve momentum and be launched and "fly" along any Hot Wheels sets.
* Those Movieverse non-transformable cars and track sets. Same concept as G2 Go-Bots, only worse cos they can't even transform (although they do come w/ sets so you don't have to go and buy Mattel's).
* Built-to-Rule and Kre-Os, which are of course, compatible with Lego.
I don't mind other companies making their own transforming robot toys, so long as they're distinctively original and not blatantly ripping off Hasbro's IP.
tinyJazz: I don't know if you're already aware of this, but the sales of an unlicensed fan comic was what killed BotCon Japan in 2000. The comic book was "Transformers Chronicles" by Ichikawa Hirofumi. Takara ordered Ichikawa to stop selling the books, but he was allowed to give them away for free. But this meant that Ichikawa made a substantial personal financial loss; he was initially selling the comics to break even, not to make a profit. The Japanese fan community lashed out against Takara because of this, and Takara had to work hard to repair strained relations with the fans; which culminated in Takara hiring Ichikawa to work for them in an official capacity (e.g. eHobby exclusive G1 profiles, Binaltech art and stories etc.).
http://i6.photobucket.com/albums/y22...r_ironhide.jpg
A beautifully toy-accurate G1 Ironhide from BotCon Japan 2000's Cybertron Chronicles by Ichikawa Hirofumi
if Toyota sells a Toyota brand air filter for their Corolla is not the unlicensed third party generic filter effectively a KO?
I personally prefer the term Independent toy manufacturers for companies that make unlicensed transformers product.
as mentioned above, 3rd party should really refer to companies producing licensed transformers product on behalf of Hasbro and Takara, of which there is plenty of.
Indie toy makers then refers to companies that make new toys based on HasTak IP (Fansproject Function X line for example) and completely new toys that only use a concept/mechanism that is now publicly available (Fansproject Glacial bots). This really also should refer to Accessories manufactured to go with licenced toys (Igears kup head for example, probably their best product)
Other items which are direct rip offs of transformation or even just a slight modification to the official product should fall into the KO bucket.
But as others have stated above, hasTak and the Indie companies probably wouldn't benefit much from the expense of working together and HasTak probably don't see a cost benefit in taking on Indie companies in court. They are taking them on in other ways, constant masterpiece releases (I personally wouldn't want them to release these any faster otherwise I'd have to start budgeting some out) and the new combiner wars line, which is pretty much part of their overall Generations line going forward.
I have some 1st party product, some 3rd party product and some Indie product and I like it all. I just wish I had the space and the money to buy more of it all.