Just Got A C&D From Marvel

[noelani72]

Welcome to the Club John.
My letter was almost identical those years ago.
EVEN during my "hobby", I consulted with two different lawyers.
My backer cards were not identical. My WGSH cards did NOT derive from orginal scans, etc...
Because of my numbers and fair use, they okay'ed it.
I had feloow hobbyists ticked off that I would not put the original stock numbers on my cards...told em I would never make them identical and they were not intended to be so.
One of my former customers ran with making his own cards- boasts their "identical" nature and last I looked, still does it. His day is coming,...

Now the C&D... DO NOTHING.
Close your site, or take down anything marvel.
DO NOT divulge and talks of numbers or $$...that is a clear admission of guilt.
DO NOT send them any of your work...they will not care like we do.
DO NOT reply in any form to the C&D- it is a scare tactic, and a very good one.

Follow those guidelines, don't "openly" offer the items anymore and it will all blow over. They made their point.

My lawyer said after mine that I could fight it, I really was in no wrong since mine were not identical reproductions...but who has the $$ to fight? If I was making $20,000 a week, then sure...

[fallensaviour]

Please read this reply carefully as to not misinterprate it
Although I get what you are implying,there is still a huge difference in a 3 dimentional, poseable interpertation of a 1 dimentional drawing, than pouring rubber over someones work and making an exact replica of something...in any size.

I would omit certain parts of this statement as there are admitted details in it(like I did).That someone harbouring ill will towards you could forward on to said powers.You want no admission or implication of any kind.Just my two cents.
You need to be "clink" about this as in.

"I hear nothink,I see nothink,I know nothink!!!"

[60'schild]

Technically then, ANYTHING he says in this thread CAN BE USED AGAINST HIM (if it is forwarded to the powers that be at Marvel).

[ctc]

>Is it illegal to make customs of legally owned characters?

Nope! I can make figures of any character for myself, as long as they don't change hands.

>And to create a website to merely share your work with others?

Trickier.... I think someone COULD complain, but I don't know if they'd have legal grounds.... unless they could show that your website is somehow damaging their character. (Like if you had Wolverine in a ballerina's tutu or Captain America tokin' up or somesuch.)

>Perhaps I could turn this into a job?

Well.... it's a longshot; might consider finding the addy of some of the design houses and sending samples to them.

>It almost makes me think somebody here read that thread and it put a bug up their butt and turned you in...

Probably a coincidence. I'd bet Marvel has a bunch of folks scouring the internets looking for this sort of thing.

>Do they bug them to return or destroy the figures??

Hmmmm.... they might; but it's actually legal to OWN a bootleg, so they couldn't force you to hand your figures over.

Don C.

[Mikey]

............

>And to create a website to merely share your work with others?

Trickier.... I think someone COULD complain, but I don't know if they'd have legal grounds.... unless they could show that your website is somehow damaging their character. (Like if you had Wolverine in a ballerina's tutu or Captain America tokin' up or somesuch.)

Don C.

Not sure,
I heard something about a site called Chilling Effects that deals with this kind of stuff

m

[jasonmego1277]

The thing that gets me (being an overly suspitious person) is noticing this seem to come only days after our discussion about C & D's on the Paul McCartney thread.

It almost makes me think somebody here read that thread and it put a bug up their butt and turned you in... Perhaps for no other reason then just being mischievous.

I'm sure i'm wrong, but I can't help thinking about the timeline coincidence.

Agreed that is very coincidental. What ******* would do something like that? Are people that pathetic that they have nothing better to do than go over people that bring so much joy to other people ? If that is in ineed true it is the lowest thing they could do.

[palitoy]

All they want you to do by handing you that C&D is stop selling your items on your website and on ebay.

When I got mine, I replied, said "yes sir, no sir" claimed I didn't have any records and I was never bothered again.

Let's not get into pointing blame on somebody in our community, it likely happened because of the most high profile place and that's Ebay.

[Type3Toys]

All they want you to do by handing you that C&D is stop selling your items on your website and on ebay.

When I got mine, I replied, said "yes sir, no sir" claimed I didn't have any records and I was never bothered again.

Let's not get into pointing blame on somebody in our community, it likely happened because of the most high profile place and that's Ebay.

You are correct. I do not beleive I was singled out, I was out there for all to see and got what I deserved for being so cocky. I will do what ever they want me to do(marvel), meaning I will go away.

[jessica]

What? This totally sucks! How can this happen? I am in shock. Do what you must to get under the radar... Or turn on the invisible shield! Hurry!

[Zemo]

Welcome to the Club John.
My letter was almost identical those years ago.
EVEN during my "hobby", I consulted with two different lawyers.
My backer cards were not identical. My WGSH cards did NOT derive from orginal scans, etc...
Because of my numbers and fair use, they okay'ed it.
I had feloow hobbyists ticked off that I would not put the original stock numbers on my cards...told em I would never make them identical and they were not intended to be so.
One of my former customers ran with making his own cards- boasts their "identical" nature and last I looked, still does it. His day is coming,...

Now the C&D... DO NOTHING.
Close your site, or take down anything marvel.
DO NOT divulge and talks of numbers or $$...that is a clear admission of guilt.
DO NOT send them any of your work...they will not care like we do.
DO NOT reply in any form to the C&D- it is a scare tactic, and a very good one.

Follow those guidelines, don't "openly" offer the items anymore and it will all blow over. They made their point.

My lawyer said after mine that I could fight it, I really was in no wrong since mine were not identical reproductions...but who has the $$ to fight? If I was making $20,000 a week, then sure...

Great advice!

[AJ Collector]

The thing that gets me (being an overly suspitious person) is noticing this seem to come only days after our discussion about C & D's on the Paul McCartney thread.

It almost makes me think somebody here read that thread and it put a bug up their butt and turned you in... Perhaps for no other reason then just being mischievous.

I'm sure i'm wrong, but I can't help thinking about the timeline coincidence.

It would be sad to think that someone would do that simply to be mischievous! I would like to think that anyone on this site would appreciate the craftsmanship and work John puts into his figures, not to mention your messing with someones income be it extra or not.

[jasonmego1277]

It would be sad to think that someone would do that simply to be mischievous! I would like to think that anyone on this site would appreciate the craftsmanship and work John puts into his figures, not to mention your messing with someones income be it extra or not.

Agreed , I have sensed that mostly everyone here is a pretty good / decent person. I said before and still believe that unlike other toy forums or sites that can be cut throat , and just get nasty, there is a real sense of community here. For someone to do that is just low. Type3Toys has made some unbelievable customs, and the talent there is just amazing. For someone to purposely sell out a member here is pretty darn pathetic.

I hope it really is coincidence that this came at around the time of the comments in the Paul McCartney thread. If not there is a real low-life running around here looking to cause trouble. I hope they eventually slip up and are run out of town with torches and pitchforks. There's no need for that kind of stuff.