chunkypeanutbutter Posted March 29, 2015 Posted March 29, 2015 I've been thinking about this for a while. If a model is out there, but the mold has been destroyed, does that mean that reproduction of said model by resin casting is legal? I'm not exactly sure, but I think it may be legal, just because the company essentially abandons the kit by destroying a mold. Is there anyone (Dave, Tim?) with definitive evidence of the legality of this practice?
Harry P. Posted March 29, 2015 Posted March 29, 2015 I'm not a lawyer, but I'd bet every single model kit carries a copyright notice, and reproducing copyrighted material without permission is technically illegal.
Fat Brian Posted March 29, 2015 Posted March 29, 2015 It's a sticky area because you're dealing with multiple rights to a property. While a mostly defunct company like Johan is unlikely to sue to protect their copyright to a kit design and they would have a very hard time starting now because they have failed to defend themselves in similar circumstances for so long the car maker could still sue since you don't have license to reproduce their property. Part of the thing with copyright law is that you have to continuously defend that copyright for it to still be valid. Once you stop defending it it almost becomes in the public domain. The model companies have tacitly allowed so many entities copy their kits in whole or in part by not defending their copyright to a kit design that they will have a very difficult time proving that any one instance of reproduction is harmful to them where the others weren't. The car companies have so far mostly let the model aftermarket be but I do remember someone mentioning an instance where GMC made a company stop producing some version of one of their trucks.
Harry P. Posted March 29, 2015 Posted March 29, 2015 http://www.modelcarsmag.com/forums/index.php?showtopic=72487 http://www.modelcarsmag.com/forums/index.php?showtopic=40786
bobthehobbyguy Posted March 29, 2015 Posted March 29, 2015 A copyright protects the design not the mold. So if mold is destroyed copyright is still enforce.
chunkypeanutbutter Posted March 29, 2015 Author Posted March 29, 2015 (edited) I failed to mention this in the OP, but what I was specifically envisioning was the Johan Haulin' Hearse and its variations since the Johan company is effectively deceased (are they still?)... This is a kit I won't be able to afford for a long time, and even when I can afford it, I probably won't quantify the value of buying a $120+ original issue model kit that could essentially be made for 1/3 the price in resin. Edited March 29, 2015 by chunkypeanutbutter
roadhawg Posted March 29, 2015 Posted March 29, 2015 Legal or not, there's no way you can copy an entire kit in resin for $120, much less a third of that. Unless you own the Smooth On company or something.
chunkypeanutbutter Posted March 29, 2015 Author Posted March 29, 2015 Legal or not, there's no way you can copy an entire kit in resin for $120, much less a third of that. Unless you own the Smooth On company or something. If you were part of a model club and knew someone with an original kit who would let you use it as a master, and knew of a number of people... a larger number of people, that is, who would buy it, and if you had the resin to do so, it's fully possible. At least hypothetically.
martinfan5 Posted March 29, 2015 Posted March 29, 2015 (edited) If you dont plan on selling the parts and its for your own use, its fine, the legal issues come in to play once you start making money off them. Edited March 29, 2015 by martinfan5
sjordan2 Posted March 29, 2015 Posted March 29, 2015 If you were part of a model club and knew someone with an original kit who would let you use it as a master, and knew of a number of people... a larger number of people, that is, who would buy it, and if you had the resin to do so, it's fully possible. At least hypothetically.[/quot Fully possible, and fully illegal. See the prior posts and Harry's links. Whether you think it's logical according to your way of thinking, these are basic truths of law and must be followed. Further, without going into greater discussion, the normal length of copyright ownership is 90 years.
Harry P. Posted March 29, 2015 Posted March 29, 2015 If you're willing to deal with it, there's a built-up glue bomb on ebay right now. Latest bid is around $25.
chunkypeanutbutter Posted March 29, 2015 Author Posted March 29, 2015 Thanks for the input and the links, guys. Topic locked.
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