Author Topic: Copyright issue  (Read 591 times)

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Offline goodolddays

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Re: Copyright issue
« Reply #15 on: May 01, 2011, 06:07:06 PM »
IF its all on the QT and as Brett pointed out , for resto only between mates , at cost, then I say no harm done (in my ignorance).

Surely, if its not for profit then it should be supported ?
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Offline Strangeways

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Re: Copyright issue
« Reply #16 on: May 01, 2011, 10:50:25 PM »

While I agree with the sentiment, I just want to point out that this forum doesn't encourage breaching copyright, even if well-intentioned. Licence holders paid for their rights, and have the right to protect those rights. And there's way too much ignorance on this issue - things like No Fear and T2, AF etc often rely on further rights, and even the licence holders cannot always secure reproduction go ahead.

It seems (and this is not a legal opinion nor forum endorsement) that reproducing artwork to repair or restore your own game is possibly allowable, but selling non-licenced product does carry some risk. Those that wish to take that risk, good on you for trying and for assisting others with similar needs.

+1 - Important to keep this in mind when discussing this topic.

My personal opinion is that if you own a game, you can reproduce what you require to restore the game if that part is no longer produced.

Copyright holders have paid a fee to "own" specific rights, and it is up to the license holders to produce whatever they have the rights to reproduce, at a fair price. If they cannot reproduce a part, it may well be that a third party owns part of the license - and this is where the stumbling block may be. Classic case is TAF. Plantary Pinball own the TAF licence, but cannot produce anything that has any of the characters from the movie in the part. The "Addams Family trust" owns the characters, and they would have to agree. Raul Julia's estate did specify that NOTHING in his likeness can ever be reproduced without permission. So you have "The Addams Family Trust", Paramount Pictures, Raul Julia's Estate and Planetary Pinball to all agree and then take royalties. What a mess !!

So how do you get around this ? How were the translites reproduced ? The little clause "The right to restore" takes effect - You cannot sell the item, but REPLACE. So all translites Planetary Pinball (or any license holder past or present) can do is ask you ro return your old TAF translite, and they send you out a new one.

If someone had access to a printer, an artist to redraw and the other tools needed to reproduce the sideart (without permission) - expect a letter from numerous license holders. I'm not suggesting what's right or wrong, I'm just stating that you have a high chance of being caught. If you OWN a TAF with sideart YOU printed, then I would expect you would have no problems. If you made several sets, and were stupid enough to advertise them for sale, then you will recieve a "cease and desist".

The copyright holders pay good money to own the licences, and where applicable, have every right to defend them. It is an investment on  their behalf. In the past, they have been VERY badly managed, but now we might see MORE products hitting the market.

The way I think of copyright is simple. I buy the design of a car alarm. I produce 100 alarms. I own the patent. No one can reproduce this car alarm without my permission, and I will have a royalty fee applicable on the reproduction. I decide to "sit" on this patent for years, paying an annual fee to protect it. If somone "reverse engineers" my design, reproduces it without my permission and sells it to market - I'm going to send my solicitor after them. However, if someone owns my alarm and I don't carry spares, then it is within the owner's right to make a replacement part to repair (restore) his alarm.

I see both sides of the story. It was frustrating that the rights for many parts were being "sat" on. Unfortunately, that's the licence onwer's "right". Agree or disagree - it is still is his "right".

If I had a TAF that needed new sideart and no one was reproducing it, I would make my own - For my machine.
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