PlaymoFriends
General => News => Topic started by: tahra on March 11, 2015, 13:28:03
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I don't know how many of you have seen this, it's on THAT site...
For a collection in spain, they used the Troubador pirateclick created:
(https://scontent-lhr.xx.fbcdn.net/hphotos-xap1/v/t1.0-9/10547650_1583518838561277_8110904853053762275_n.jpg?oh=930110f8fa1e47d9982b008a63c16bf6&oe=55BD2247)
Original custom, right here on pf: Troubadour (http://www.playmofriends.com/forum/index.php?topic=13607.0)
Link on THAT site: here (https://www.facebook.com/photo.php?fbid=1583518838561277&set=a.1583519635227864.1073741868.100007095282437)
This is a shameless act. Having nothing to do with this, I'm furious.
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What does a pirate expect not to be pirated himself :lol:
What is the magazine picture about? What is "that bad experience" about?
It looks to be a perfect ripoff from your pictures.
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Well, I guess I am the only one who is mad about this..
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Well, I guess I am the only one who is mad about this..
No, I have to behave and saying what I think will get me in trouble
I will just say "imitation is the sincerest form of flattery"
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I know what you mean, Tahra. But we all have to be aware that all we show here or there can be copied by anyone. In fact, sometimes it is very likely that two people have the same idea.
Years ago, I created some napoleonic sappers out of orginal Playmobil parts. Soon after, I noticed lots of imitations all around the Playmobil soldiers scene (exhibitions...).
And as Geobra stated, there's no copyright/patent. It would be different if they had used the original picture he took. I would be proud if I had customized a unique figure and would find it in a magazine.
Cheers,
HDL
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Yeah, I also think it's appalling that whoever designed that booklet clearly copied pirateclick's custom (it's not a lookalike, it's an exact copy), without any mention of him, but legally they are very much allowed to do so.
It's a good warning though, for all of us.
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I know LEGALLY there is nothing to do. Just cause it's legal doesn't mean it's right (it's the corollary of "it might not be legal but it sure ain't a crime" - Bon Jovi ;) ).
I know when we post stuff others will copy it. We all see stuff we like in someone else's work. I have been "inspired" by others. I have copied them? Yes. Hades, I will probably copy his troubadour as well - though mine will not be an EXACT copy (because I don't want him to be). But I'm not publishing a mag for profit. When I know, I say whose work "inspired" mine. I hope mine served as inspiration to others too.
I mean, actually sharing it's part of the fun, no?
It would be a simple matter of giving him credit. Nothing more.
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True, especialy because it's not even a clicky inspired by the original custom, it IS the original custom. Right up to the instrument!
Who knows, with all the attention it's getting on Facebook, maybe the person responsible will respond?
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True, especialy because it's not even a clicky inspired by the original custom, it IS the original custom. Right up to the instrument!
I think the neckpiece/beard/hair combo is a lot more telling than the instrument...
Who knows, with all the attention it's getting on Facebook, maybe the person responsible will respond?
Maybe.. playmobil said something in the lines that it can't be copyrighted (the custom).. So, they do see it.
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Is the magazine put out by Playmobil? If so I don't really see a problem as it would get tedious acknowledging every person they copied customs from since their policy has always been, we see it, we like it, we make it. My mom still has copies of original set designs that I sent the hq as a child (detailed full contents stuff) that match the finished product exactly (might have to see if I can get them next time I make the 8 hr drive). Though in those days we did get a nice thank you letter and free keychain shipped from Deitenhoffen. However, if the magazine is third party, then there is a reason to be upset with the person who didn't tell the magazine where they found this troubadour... which I am also going to copy :)
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Is the magazine put out by Playmobil? If so I don't really see a problem as it would get tedious acknowledging every person they copied customs from since their policy has always been, we see it, we like it, we make it. My mom still has copies of original set designs that I sent the hq as a child (detailed full contents stuff) that match the finished product exactly (might have to see if I can get them next time I make the 8 hr drive). Though in those days we did get a nice thank you letter and free keychain shipped from Deitenhoffen. However, if the magazine is third party, then there is a reason to be upset with the person who didn't tell the magazine where they found this troubadour... which I am also going to copy :)
Why would there be a difference if Geobra copied it versus a third party? Just because they often copy customs and it would be tedious to acknowledge as you say? A copy is a copy and in the current case it is obvious.
On another note: I would really like to see your designs!
PS: I need to check the date but I created a priest with that hat and upper torso I guess even before playclick. He probably didn't see it but it is an example that a custom might be an inspiration that has been developed by copying the work of many others.
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We also made a knight from the mermaid... and sometime later saw that someone had already done a VERY similar one (let's face it, she was BEGGING for it). However, it was not the exact same one....
This is a total rip off.
Like you said - you made a PRIEST. Not the same. As I said before, the torso and the hat go well together. The rest, to be the exact same.... wel...
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if a fan shares what they did to the original company or put it out publicly, then one could argue implied permission for the original company to use the work as the point is "see what I did with your product" or "I love your product, make stuff like this" but a third party has no implied permission for fair use.
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Since I'm not here too often I don't know if this has been said but there's a little update on this situation confirmed by Pirateclick himself. He contacted the publisher of the magazine (Planeta Dagostini) and he received an apology and the promise that the numbers of the magazine that they have already printed he will receive for free, I think that's four magazines, but not sure. If the series takes hold and more numbers are published later they will mention him in the credits.
He says he's happy with how everything turned out. :) Of course, now everyone is hoping Planeta will pick one of their customs without permission. :lol:
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I think playmobil says. All the parts you are using belong to us, so we can do anything we want with your creations. Although it doesn't sounds good for us, it is true. Legally there is not something wrong, but I think in pirateclick's case, like tahra said, the magazine could ask him about. Finally the magazine gave a fair solution for pirateclick and I believe everybody is happy. I would be proud if that was happened to me!
George.
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I'm glad it was solved amicably. :easterhop:
As for Geobra copying customs, I believe from a legal standpoint, any customs made with or based on their original components would be considered derivative works, so they still retain the copyrights. However, it goes a long way towards public relations to give credit to these PM enthusiasts.