legal issues problems selling a custom???

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legal issues problems selling a custom???

Postby MrGore » Sat Jan 16, 2010 7:13 pm

Anyone here actually had legal issues for selling a custom figure on ebay?
cause i makes no sense at all, I mean if I buya figure I can sell it, either MIB, or played with, but I can sell it.
So if still a figure, but shanged, what sense does it make for it to be illegal to sell it?
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Re: legal issues problems selling a custom???

Postby Green Skin » Sat Jan 16, 2010 8:25 pm

I've never had any issues, but I used to hear about people that did. I think companies like Marvel and DC are happy to let us all slide under the radar since we're not mass producing anything, and it's bad for their image to come after us.

That being said, If you make a figure of a character with a copyright the owner of the copyrights can pursue legal action against you. That could include a 'cease and desist' or a lawsuit. It doesn't matter if you're making it out of an existing figure, they still own the character's likeness. The materials you use are irrelevant, it's profiting off a likeness that someone else owns is the issue.

No worries though, no one gets in trouble for customs. Though they could put a stop to all of us if they wanted too, but we're really not worth the trouble. It'd be a PR nightmare since we're all fans, not to mentions the logistics of going after all customisers.
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Re: legal issues problems selling a custom???

Postby Wesr » Sat Jan 16, 2010 8:57 pm

Not to mention half the toy companies are already unpopular with customizers/collectors due to the crap they're putting out and alot of sales come from using the crap figures as bases. Yes i'm looking at you Hasbro.
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Re: legal issues problems selling a custom???

Postby Pock63 » Tue Jan 19, 2010 6:43 pm

It would be pretty stuppid fore marvel or dc to come after us. We buy there figures to customize, and it's frea abvritizing fore them. I think the same thing goes fore most companies.
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Re: legal issues problems selling a custom???

Postby loosecollector » Sat Feb 06, 2010 11:35 am

Customizers are just VERY little fish to these toy giants. They have better things to do (and more money to rake in) than go after us.
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Re: legal issues problems selling a custom???

Postby hawkeye » Mon Mar 29, 2010 4:41 pm

I know a few guys on Toysoup had auctions removed for copyright issues. I don't see DC suing anyone over a custom but I think they want us to know they're watching.
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Re: legal issues problems selling a custom???

Postby Deadpool » Sun Apr 04, 2010 10:37 pm

I think marvel would rather encourage it. I've seen a few Customizes that have marvel in their buddy list in Myspace/Facebook. I'm sure if they had a problem with it, they would be suing someone by now. Only company to worry about is DC...I heard they was trying to take action on Ebay awhile back but failed in the process.

Hell! If people are worry about these legal issues, why don't they just contact Marvel and ask themself. I'm sure they will get a answer.
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Re: legal issues problems selling a custom???

Postby marvelselect » Tue Apr 06, 2010 7:40 am

Deadpool wrote:I think marvel would rather encourage it. I've seen a few Customizes that have marvel in their buddy list in Myspace/Facebook. I'm sure if they had a problem with it, they would be suing someone by now. Only company to worry about is DC...I heard they was trying to take action on Ebay awhile back but failed in the process.

Hell! If people are worry about these legal issues, why don't they just contact Marvel and ask themself. I'm sure they will get a answer.


I tried to e-mail them but there is no place on there web site I know of that you can ask about that. Someone should try though. Even if they won't sue me I don't want to break the law.
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Re: legal issues problems selling a custom???

Postby Y2Jaz » Tue Apr 06, 2010 1:06 pm

You're not breaking any law believe me. It's like saying you can't custom a car. I've seen people custom their car and selling them for tons of cash. Just remember to let the people know you ain't working for marvel and it is all fan work.


You could write to them over here.


http://marvel.com/company/index.htm?sub ... urrent.php
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Re: legal issues problems selling a custom???

Postby marvelselect » Tue Apr 06, 2010 2:52 pm

I just e-mailed them. Hopefuly I will get an answer.
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Re: legal issues problems selling a custom???

Postby marvelselect » Tue Apr 06, 2010 2:58 pm

Y2Jaz wrote:You're not breaking any law believe me. It's like saying you can't custom a car. I've seen people custom their car and selling them for tons of cash. Just remember to let the people know you ain't working for marvel and it is all fan work.


You could write to them over here.


http://marvel.com/company/index.htm?sub ... urrent.php

Yes it is different. If one of us makes a custom figure of one of their characters for a customer then we violate copyright laws by making a profit off their characters.
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Re: legal issues problems selling a custom???

Postby mikey » Tue Apr 06, 2010 3:10 pm

marvelselect wrote:
Y2Jaz wrote:You're not breaking any law believe me. It's like saying you can't custom a car. I've seen people custom their car and selling them for tons of cash. Just remember to let the people know you ain't working for marvel and it is all fan work.


You could write to them over here.


http://marvel.com/company/index.htm?sub ... urrent.php

Yes it is different. If one of us makes a custom figure of one of their characters for a customer then we violate copyright laws by making a profit off their characters.


dude if you sell it in a retail store without a license that's copyright. on ebay is another story unless you're making millions of them at a time. but copy right law doesn't say anything about fan work. regardless if it's marvel or dc characters. i'm pretty sure this bullshit been debate 100 million times and so far nobody has gone to court :|
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Re: legal issues problems selling a custom???

Postby Green Skin » Tue Apr 06, 2010 3:40 pm

mikey wrote:
dude if you sell it in a retail store without a license that's copyright. on ebay is another story unless you're making millions of them at a time. but copy right law doesn't say anything about fan work. regardless if it's marvel or dc characters. i'm pretty sure this bullshit been debate 100 million times and so far nobody has gone to court :|


It's illegal to make a profit off a character likeness that someone else owns, period. We're all so far beneath the radar that Marvel could care less. Just because no ones been sued doesn't make it legal. The owners of the copyright will do a cease and desist before they try and sue. Most sensible people will stop at the C&D notice, and not risk the lawsuit. That's why we haven't seen one.
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Re: legal issues problems selling a custom???

Postby Deadpool » Tue Apr 06, 2010 4:10 pm

Green Skin wrote:
mikey wrote:
dude if you sell it in a retail store without a license that's copyright. on ebay is another story unless you're making millions of them at a time. but copy right law doesn't say anything about fan work. regardless if it's marvel or dc characters. i'm pretty sure this bullshit been debate 100 million times and so far nobody has gone to court :|


It's illegal to make a profit off a character likeness that someone else owns, period. We're all so far beneath the radar that Marvel could care less. Just because no ones been sued doesn't make it legal. The owners of the copyright will do a cease and desist before they try and sue. Most sensible people will stop at the C&D notice, and not risk the lawsuit. That's why we haven't seen one.



I'm sure he speak on that subject already.

dude if you sell it in a retail store without a license that's copyright.


Don't forget website. Like I say it's safe as long as you don't use the marvel name aka claiming its a original marvel product. Google the ebay Copyright Basics

Read it before you call the shot. It doesn't say anything about fan base work, I repeat it Doesn't Say anything about fan base work. However you can't use other original works of authorship. That mean you can't make duplicate aka anything corresponding in all respects to something else . I'm sure anyone that is over the age of 18 should know about the copyrights law. However Some state is different. Like in ca aka where ebay run their world.

If you fear these copyrights law , then don't sell your custom, it's that easy to understand. Time to shop on ebay now.
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Re: legal issues problems selling a custom???

Postby marvelselect » Tue Apr 06, 2010 4:17 pm

I never intended to sell customs but I was thinking about paying Pock63 cast me something but now that this has come up; if Marvel tells me they care then I will not be involved in it at all.
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