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 Forum index » Chaotic Fiction » Flynn Lives
[OT] Is there a lawyer in the house?
Moderators: enaxor, Euchre, spaceboy, thebruce
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shaved_ape
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Joined: 06 Apr 2010
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Location: Dallas, TX

 		[OT] Is there a lawyer in the house?
Seriously asking a serious legal question about doing a TRON prop.
Me and Steve have not been sued so far for the "geometric answers" because we know

A. you can't copyright geometric shapes.
B. We are not packaging these and we are not making a profit.

We have been talking about what would be cool to do next. This is just talking and we have not taken ANY action towards it.

But we think it would be cool to do a recognizer prop.



We could do the red and black one, but I am more inclined to want to do the blue and black one that flynn siezed, the one with the gimp leg. That is where he met the bit(s) and it would fall in line with our geometric answers.

I saw on the Ghostbuster forums that they do prop replicas all the time. Some guy is selling shells for the proton pack and he does seasonal runs on them.

I have heard from several of you that belong to other forums that they do the same thing there.

If we set up the whole thing to where we DON'T make a profit, how could or how would we not get sued, how could we get sued?

Maybe if we did each individual section of it and shipped each little piece seperately? That way we would basically be selling parralellograms and blocks.

There has to be one of you that IS a lawyer, or KNOWS a lawyer or can just straight up tell us that this is not a big deal.

But the last thing I need is Disney calling suing me or Steve for MILLIONS when I am actually worth tens of dollars.

And I certainly don't want them shutting down this forum.

PostPosted: Fri Nov 12, 2010 12:52 am
Last edited by shaved_ape on Fri Nov 12, 2010 3:29 am; edited 1 time in total
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MrV
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 		I'll start off with the usual "Not a lawyer"

Anyway, I would imagine the very worst you could be hit with would be a copyright infringment suit from either Disney of Syd Mead. Even then you would probably get a C&D notice first.

The key is you're small enough that they won't take notice, there was a guy selling disney park history DVDs (using disney's property) and the only reason he did get caught was that someone who worked with him on them got mad and contacted disney (there was a documented legal record that is comedy gold)

Arguably the bits are kinda infringing because they make reference to an element from Disney's IP. Still, the odds are so slim that they would come after you (or the other studios going after the GB prop makers) since it wouldn't make them money and the benefit would be marginal.

PostPosted: Fri Nov 12, 2010 1:46 am
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shaved_ape
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 		this is probably a bad idea.
This is probably a bad idea, the more stuff we do, the more likely they will find out about this stuff.

The last thing I need is a C&D or being sued.

But it just bothers me that they don't do toys or replicas from the original movie.

I wish the world wasn't the way it is about "just sue and ask questions later"

I hope they just start doing more stuff from the original movies and not charge and arm and a leg.

I like the new designs, but nowhere near as much as i like the original designs.

I think the original suits are cooler, the original lightcycles are WAY WAY cooler, the original recognizer is cooler, and there is nada for decent sized replicas.

PostPosted: Fri Nov 12, 2010 2:15 am
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MrV
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 		With a C&D I don't think it actually costs you any money nor requires you to get a lawyer. They just want you to stop.

If you remember the "Tron Guy" from a few years ago, Disney didn't go after him. Even with the guy that made those disney ride dvds, he got enough C&D notices that he could wallpaper his house. Eventually it went to court since he failed to comply, he then settled with a slap on the wrist. He would pay nothing to Disney and never make another one of the movies, if he does he would automatically be required to pay a million over 10 years.

PostPosted: Fri Nov 12, 2010 2:23 am
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eolith
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 		I'm in a business law grad school class, atm, I'll ask my teacher on monday night (assuming I remember)

PostPosted: Fri Nov 12, 2010 2:58 am
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shaved_ape
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Joined: 06 Apr 2010
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 		thanks
eolith wrote:
I'm in a business law grad school class, atm, I'll ask my teacher on monday night (assuming I remember)


Thanks, I don't know if we will do this, it's just messing around making conversation.

But it sucks to the umpteenth level that they never did make toys or replicas for these.

It doesn't just suck it hurts. If anyone is old enough to remember that the original TOMY toys were actually impossible to find and even when we were kids they were collectors items because there were so few made.

there has been virtually nothing aside from the NECA toys in over 30 years.

So since it is mostly fans that care, why not let the fans do what they want so long as no one makes a gaping profit from this. So far we are having fun, but I personally would feel like crap if I got Steve in trouble, the forum in trouble. and I could care less about myself because I have no money that Disney can sue me for.

My parents would give me an "I told you so" look, but other than that I would probably just go to jail since I don't have any money.

But if you say that guy got a slap on the wrist, then I am not extremely worried.

Just hurt that I have to think of the precautions and stupidity I will feel for getting sued for wanting to see a memory from something I love in physical form.

PostPosted: Fri Nov 12, 2010 3:04 am
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eolith
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 		actually, there are still some 20th anniversary items for sale up on amazon.

search for "NECA" and you'll get Sark's light cycle and a bunch of figures.

PostPosted: Fri Nov 12, 2010 3:09 am
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EuchreModerator
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 		Sorry to disagree a little with you MrV, but Disney can not really copyright a known geometrical shape. The only snag could be the shape in the specific color, and really even that's pretty iffy. The three together present a bit more, but honestly your average judge would likely look at the bits, look at the Disney lawyers, and say "Are you kidding me?".

A Recognizer? Whole different matter.

Profit or not, if you use unmistakable IP in something you produce to distribute, you're asking to get hosed.
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PostPosted: Fri Nov 12, 2010 3:10 am
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shaved_ape
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 		Euchre is right.
Euchre wrote:
Sorry to disagree a little with you MrV, but Disney can not really copyright a known geometrical shape. The only snag could be the shape in the specific color, and really even that's pretty iffy. The three together present a bit more, but honestly your average judge would likely look at the bits, look at the Disney lawyers, and say "Are you kidding me?".

A Recognizer? Whole different matter.

Profit or not, if you use unmistakable IP in something you produce to distribute, you're asking to get hosed.


and you're right. It's a blatant ip, and it's just the fact that I want to do it so badly it hurts.

I wish I had contacts at Disney or a company that already bought rights to do stuff and just ask if they will let me design the stuff for them, but even then I would probably have to jerk the phone away from my ear for all the laughter I would cause.

There is so much crap people are doing for the new movie and I understand for promotions sake, but for God's sake do something cool and not something you are going to see at goodwill a year later.

If Zack was an actual guy, maybe he is, someone on here contact him and ask if I can do a recognizer for the next accomplishment prize. Rolling Eyes

As I get older, I get less money to spend on stuff, I get less connections to our childhood because that is a step of getting older. But movies now are getting worse, MTV is ruining everything and now all movies for kids are about sex.

Whatever just happened to having cool, original movies with toys kids can just play with.

OK I am ranting, I am stopping now.

PostPosted: Fri Nov 12, 2010 3:16 am
Last edited by shaved_ape on Fri Nov 12, 2010 3:20 am; edited 1 time in total
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MrV
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 		They kinda do and kinda don't let fans do what they want with their IPs, if it isn't competiton for them/taking away vast sums of money it's not worth going after. The reasons the law hasn't really made disctinction for "fandom" and "theft" is that the law is slow, a lot of the IP law is influenced by companies, and the average offense is so minor that unless you were uttered screwed over by a friend it wouldn't be on their radar.

In terms of your "crimes" Very Happy it's akin to jaywalking (probably less actually), there is no national manhunt for the mad jay walker of Texas.

Also, if you did get a suit filed against you (after using their C&D notices as toilet paper) and made them mad enough to want punative damages that you couldn't pay, you would still not get jail time. I think the only instances of time for IP stuff is when you're trying to pass it off as genuine/authorized, which is counterfeiting.

Honestly, if you want to I would say go for it since this internet board has already violated the franchise IPs and will probably not even show up on Disney's radar.

Otherwise you could always go the parody route.

PostPosted: Fri Nov 12, 2010 3:17 am
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MrV
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Euchre wrote:
Sorry to disagree a little with you MrV, but Disney can not really copyright a known geometrical shape. The only snag could be the shape in the specific color, and really even that's pretty iffy. The three together present a bit more, but honestly your average judge would likely look at the bits, look at the Disney lawyers, and say "Are you kidding me?".

A Recognizer? Whole different matter.

Profit or not, if you use unmistakable IP in something you produce to distribute, you're asking to get hosed.


Not the shape, but the entire concept of the "bit" is what I was going at.

PostPosted: Fri Nov 12, 2010 3:18 am
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shaved_ape
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Joined: 06 Apr 2010
Posts: 580
Location: Dallas, TX
MrV wrote:
Euchre wrote:
Sorry to disagree a little with you MrV, but Disney can not really copyright a known geometrical shape. The only snag could be the shape in the specific color, and really even that's pretty iffy. The three together present a bit more, but honestly your average judge would likely look at the bits, look at the Disney lawyers, and say "Are you kidding me?".

A Recognizer? Whole different matter.

Profit or not, if you use unmistakable IP in something you produce to distribute, you're asking to get hosed.


Not the shape, but the entire concept of the "bit" is what I was going at.


Well toodle-oo we aren't doing "bits" we are doing "Geometric Answers" Very Happy

PostPosted: Fri Nov 12, 2010 3:22 am
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MrV
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 		Just as long as you aren't selling anything related to a Lucasfilms franchise, the name doesn't matter. Very Happy He went after some laser maker for concerns it was too close to his lightsaber design/concept (later dropped when they saw the final version).

PostPosted: Fri Nov 12, 2010 3:26 am
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shaved_ape
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Joined: 06 Apr 2010
Posts: 580
Location: Dallas, TX

 		HEY!!!
Mr. V you have had a lot of posts, why don't you register for an account?

PostPosted: Fri Nov 12, 2010 3:29 am
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MrV
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 		I'm not sure actually, other than I like some of the funny/mildly obscene capchas I get. Shocked

PostPosted: Fri Nov 12, 2010 3:31 am
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