I have been drawn to this forum exactly because it had “legal issues” in the presentation.
I am interested what is and what is not allowed in this situation :
I have seen a beautifull comics model that is part of a certain series of comics dating back to 1998 and going forth to 2005
I want to build a 3D model inspired by it
my model will have it’s own world and a lot of my additions but it will basically remain that comics model
my model will be intended for sale and as presentation of my own work in my portfolio
I am basically inspiring myself on that model (copying some of it’s features)
I am not stealing or reseling anything that is not made entirely by me
the only thing that is not made by me are the base drawings , nothing more
I am not intending to use the name or trademark of the original model or comics series in order to benefit from it’s celebrity (I actually want to make it’s own celebrity for my model)
there are no 3D models made after this model (the comics series are not actually very well known , something bellow medium celebrity , and at best has some rubber dolls made after it)
In conclusion , all I will sell is the image of the original model , but not under it’s original name and not related to it’s authors or trademark.
Is what I intend to do legal?And if not , why?
I ask these because I have seen a lot of artists making lots of models after much more known trademarks/characters/persons , like :
Monica Belucci , Bruce Willis (I don’t know if these models are commercial , but are in that guy’s portfolio)
lots of Poser characters made after the twileks from the Star Wars series - these models are commercial and are sold under their original names actually : Nwarra Wren , Oola , AAyla Secura and so on…
outfits made after the comics of renowed Masamune Shirow - these are commercial too , but are stating the source of inspiration (should I do the same with mine?)
Short form answer: Any created work based specifically on and emulating another work is termed a “derivative” work, and is not permitted under International Copyright Law.
If you were to create a 3D model of, let’s say, Spider-Man, then you would be creating a derivative work which, especially if you attempted to profit from it, might bring about some legal problems for you. If you took the idea of a super-being with the powers of a spider and developed an original character name Arachnocrawlydude, then you would not. However, if Arachnocrawlydude looked very similar to Spider-Man, then you might incur the wrath of Marvel.
Now to the arguments:
my model will have it’s own world and a lot of my additions but it will basically remain that comics model
New Batman, Spider-Man, etc. comics come out all the time, each with its own universe and story. However, they are released by the comic company that owns the rights to the characters. Chances are, you do not own the rights to the character you will be copying.
my model will be intended for sale and as presentation of my own work in my portfolio
Presentation in your portfolio - you might be able to get away with this, as long as nobody comes after you for it. However, this does not make it legal and, should the owner(s) of the character decide to go after you, they would be justified from a legal standpoint.
Selling the model - should you start trying to profit from selling the model, or renderings of said model, you are definitely asking for trouble. First, you would be trading off of the appearance of that character to sell the model, and second, you would be profiting from another’s creation.
I am not stealing or reseling anything that is not made entirely by me
If you created, designed and laid out the original character, then the above is true. If someone else created the character, and you simply created a model based on that character, then it is not. Think video games - if creating a model based on Batman was free of copyright, then nobody would have to get DC’s permission to do so.
the only thing that is not made by me are the base drawings , nothing more
Since said base drawings are the basis for the work, then your work is derived from those base drawings, and is therefore a derivative work.
I am not intending to use the name or trademark of the original model or comics series in order to benefit from it’s celebrity (I actually want to make it’s own celebrity for my model)
If you were to create an action figure that looked exactly like Batman, then sold it as “RodentGuy”, DC would not take kindly to it. And the fact remains that, even though you don’t use the name (which is most likely trademarked/copyrighted as well), it is still a derivative work.
As a more direct example, Andrew Hickinbottom (Andy H on CGTalk) is well-known for his character models, many of which are inspired by outside influences, but which are entirely his own. One example of this is Office Girl, a variant of his popular Bunny Girl model (which was inspired by watching The Incredibles). At one point, people clued him in to the fact that there were many cheap “knock-off” versions of Office Girl being sold on model sites (Office Lady, Business Girl, etc.) They looked almost exactly the same, but were essentially copies of his work. Simply changing the name does not make it something new.
there are no 3D models made after this model (the comics series are not actually very well known , something bellow medium celebrity , and at best has some rubber dolls made after it)
The fact that there has been little/no merchandise, or that the comic may/may not be well-known is not an issue when it comes to copyright law. The fact is that the original property is owned by someone, and creating a derivative work based on that property is not, in fact, legal.
Hypothetical situation. Suppose you created a comic book series with all original characters. Let’s say you managed to sell about 100 total, then moved on to another project. Then five years down the road, you find someone selling a 3D model of your main character for $200 apiece on their site. Wouldn’t you feel as though you should have some input into whether or not this is allowed?
I ask these because I have seen a lot of artists making lots of models after much more known trademarks/characters/persons , like :
Monica Belucci , Bruce Willis (I don’t know if these models are commercial , but are in that guy’s portfolio)
lots of Poser characters made after the twileks from the Star Wars series - these models are commercial and are sold under their original names actually : Nwarra Wren , Oola , AAyla Secura and so on…
outfits made after the comics of renowed Masamune Shirow - these are commercial too , but are stating the source of inspiration (should I do the same with mine?)
I’m not certain where you saw these, but chances are if people are selling 3D model of, let’s say, Star Wars characters, they are seriously risking a C&D (Cease and Desist) order and, potentially, lawsuit from Lucasfilm® or the model’s original property’s owner(s). The fact that you have seen these for sale doesn’t validate the practice. First, there are some countries that do not subscribe to the Berne Convention copyright practices. In this case, the company (usually) cannot do anything, as the copyright violators are not violating laws in their own country. Second, they simply may not have been noticed yet because they are small enough.
People sell pirated/bootleg movies, CDs, etc. Does that make them legal? No.
Conclusion: Creating a derivative work based on a pre-existing intellectual property is not permissible under International Copyright Law. If you want to create a model based on an existing property, then by all means, feel free to do so, as your inspiration will drive you to complete it. However, unless you obtain the permission of the IP’s owner, you risk legal action. Often, not-for-profit use (portfolios, etc) is not pursued, but this does not make it legal. For-profit uses are definitely not a good idea, as you are profiting from another’s ideas.
Sorry for the long post - I’ve done a lot of research on copyrights and such. Hope this all helps.
It all depends on how exactly like the ‘base drawings’ your model is.
If I copied Batman, then changed his cloak to brown, changed his logo, and removed the ears and the spikes on the gloves and called him Beaverman, I MIGHT get away with it. Maybe. It would be a borderline case I think.
Anyway , I have gived up to the project completely.
I have my own original ideeas , but with this one I was to test the market before releasing my own ideeas and make some money in order to be able to pay for some better advertising when I would have released them.
Best regards!
A rendition of a particular image has copyright as soon as it is created, and these renditions have seperate copyrights from each other. If disney owns copyright on a 2d drawings of Mickey Mouse, and you make a 3D model, your copyright is seperate from theirs. You probably won’t get into direct conflict this way. Copyright does not protect ‘styles’, only the one-off created work itself.
Buuut, most people trademark the design or other attributes of their characters. So Mickey Mouse, his face and gloves are disney trademarks, and thus you can’t use them in any 3d model you make of him, so you really can’t make a 3d model of a disney character and sell it, because then you’d break their trademark. Batman, his cowl, and bat symbol are trademarked. Superman’s S is trademarked. This is how DC and Marvel prevent people from making knockoffs. Not through copyright, but trademarks. This makes it difficult to also make a character LOOK like another.
Now portfolio pieces are usually okay, they are non-commercial and educational. It’s useful to show to you can work from references. But you must provide attribution. Commercial work, you’ll need to check trademarks, and get permission. And I doubt commercial use is okay. You can make a character that looks ‘kinda’ like the reference, but you’ll need to leave out or change all the trademarked elements. And then, it’s not really that character anymore, is it?
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