Question of legality

Discussion in 'General Card Modeling' started by sidewinder81777, May 12, 2009.

  1. sidewinder81777

    sidewinder81777 Midnight Modeler

    I have a question on attitudes about selling finished products made from freely available patterns. I know i have seen several designers on record as saying selling the completed product is ok with them because you are selling your time and sweat that you spent building it. Just wondering how general this attitude is.
  2. Art Decko

    Art Decko Member

    That's a very good question, one which comes up from time to time. On this issue you should be guided by copyright law rather than "general attitude", as there seems to be a lot of misunderstanding on this topic.

    You need to be very careful in these situations because you are not just selling your "time and sweat", you are also re-selling the original model. Your purchaser is paying you for both.

    Just because the original model was free does not automatically give you the right to re-sell it (or even to re-distribute it for free). A designer's right to control distribution is part of (US) copyright law. The designer may be benefiting from controlling the distribution of a free model. A common example of this is a free download which attracts traffic to a site where other models are offered for sale. Re-distributing such a model, even for free, deprives the designer of that traffic (and potential sales).

    If the model comes with a copyright statement allowing you to freely copy and re-distribute a model commercially, then there should be no problem. If there is no explicit indication, then you should contact the original designer for permission. Usually all that takes is an email. :)
  3. sidewinder81777

    sidewinder81777 Midnight Modeler

    yes I will of course contact the designers of any models where this situation may come up. just posted this thread to get a general feel
  4. Retired_for_now

    Retired_for_now New Guy

    If you're just looking to clear space on your shelves, consider donating the models to your local schools. Works best with aviation and real-space to generate interest in science, but the skills developed in doing card models can be used in many programs.
  5. sidewinder81777

    sidewinder81777 Midnight Modeler

    actually the question came up after several people inquired about comissioning me to build models for them
  6. Retired_for_now

    Retired_for_now New Guy

    An interesting twist. They download, you build ($), net result as if they did it themselves. Legalities make my head hurt - seems you're on the right track pinging each designer for permission for each build. I would have no problem with it (my spacecraft designs are on Jon Leslie's site - Magellan, SOHO, Mars Recon Orbiter), but I'm not a professional designer.
  7. Art Decko

    Art Decko Member

    Oh, sorry - I misunderstood your question! From the few situations I am familiar with, the designers had no problem.

    That's a much simpler situation, as the person paying you to do the assembly obtained the original model, so there are no copyright issues for you to worry about. :)

    Good luck!
  8. sidewinder81777

    sidewinder81777 Midnight Modeler

    Glad to hear that. Im finally getting pretty decent at this and i could certainly use the extra money hehe
  9. sidewinder81777

    sidewinder81777 Midnight Modeler

    so far all the designers I have contacted have been cool with it :D still have a bunch to go. I have active dialogues with many of the sci-fi designers anyway so I can bring it up with them whenever. Lookin good so far! I love card modeling just for the sake of doing it but is is always nice when you can make a little extra money from something you love :)
  10. tazman3

    tazman3 Model Designer Wannabe

    Commissioning someone to build a model for you is a private matter. It has nothing to do with the designer and/or copyright law. I don't even understand why you are contacting the designers. That would be like me buying a model from Revell, then contacting them to ask if I can pay someone to build it for me...just not necessary.

    EDIT: Had another thought...that doesn't mean you can buy a digital model, then build and sell it a hundred times. One purchase, one sell.
  11. Elliott

    Elliott Senior Member

    This has been beat to death any number of times here; do a forum search on copyright(s) and you'll find more opinions than you can shake a stick at. These kind of threads tend to tick off the Admin so please, do a search first.
  12. Stev0

    Stev0 Active Member

    Yeah I can think of 3 threads in regarding building and selling models. Please do a search.
  13. BCA

    BCA New Member

    I was commissioned to build a couple of plastic models years ago. I contacted an attorney and he stated that what you do with a purchased product or device is of no concern to the manufacturer as long as you are not using any of their proprietary secrets or information to sell the product. If re-selling a product were illegal, there would be no used products to buy.
  14. tazman3

    tazman3 Model Designer Wannabe

    Well, that pretty much sums it up, doesn't it?! Why doesn't admin sticky a thread like this...wouldn't that make it easier to find? Just a suggestion.

    And really isn't a matter of stated above.

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