"Possible recast figs on eBay?" Topic

[repost from gaming boards, hopefully "cross-posting" like this is allowable]

I was surprised to find this on ebay this morning:
auction
auction

I was unaware there were any metal miniatures of the new Doctor Who series. Black Tree Design doesn't list any.

& not that there's a lot that you could do with positioning a Judoon figure, but looks a lot like the CMG Microverse Judoon with a repositioned arm:
auction

& here's a Clockwork Man from the same ebay seller
auction

& here's one of Microverse Clockwork Men, again very similar, with what looks to be an arm repositioning.
auction

Are there any metal minis for the new Dr Who series? For those familiar with casting in metal, are there any distinct signs that these might be recasts? Anyone know eBay's policy on this?

On a related note, a friend has frequently justified recasting miniatures saying if you make 1 change, it's new intellectual property & therefore legally recastable. (No, my friend is not the ebay seller, & No, the "friend" is not really me.) I've always wanted to refute him & try to get him to actually buy the figures, but have never had the supporting evidence to back it up. Is there an existing TMP thread that explains why the "make 1 change & recast" justification is wrong? Or is it?

Thanks

Is there an existing TMP thread that explains why the "make 1 change & recast" justification is wrong?

Probably somewhere, but there's so much ill-informed crap on copyright spouted on here that I'd struggle to sift it out…. The bottom line is that if the majority part of the piece is someone else's work, it's a definite infringement – if you used the hand off of someone else's figure, you'd probably get away with it on a de minimis defence, but if you sculpted a new hand used the rest of their figure, it's still their figure, and most definitely a stand-up copyright infringement.

Dom.

PS – On-topic, yes, they look dodgy as hell….

Ahh, relevant page on the US Copyright office site:

link

Dom.

I don't think the metal miniatures are copies of the plastic ones at all. There are more differences in them than just repositioning arms. The shape of the heads in particular. There's nothing I see about the metal figures that would indicate they are recasts. Also, the same seller has not been selling the same figures in the past.

Please see TMP link about recasting.

I'm not sure either way – I can't think of a legitimate range they could be, and "Harlequin style" is a suspect phrase. They could be original sculpts by him, I suppose, but that would probably be some form of IP violation in itself.

Copyright law is enforced by those with deep enough pockets to defend their rights, snd lawyers on retainer who need to stay in practice.
If they notice, and care enough, the alleged recaster will find out just how much the "one change and you are OK" rule works.

Actually having had a good look they don't seem to be recasts; they look like original sculpts, albeit of definitely not original subjects. I wouldn't be surprised if the Beeb's IP department spots it at some point, though – UK readers in particular may remember the knitting patterns lark a month or two ago….

Yeah, the Beeb can afford lawyers…

John – Some argue that with so much material under copyright, and the restrictions it creates, that it's a good thing that only the owners of copyrighted material with economic value are able to litigate. I lean towards that view in many instances.

I agree, Steve. The government has more than enough mischief to get into.
The only one who should get involved are those with an interest.
TMP is full of people who get pset over Disney. I am not going to say that their opinions don't count, but ….
Naaah. I would be right. They don't. *grin

"The government has more than enough mischief to get into.
The only one who should get involved are those with an interest.
TMP is full of people who get pset over Disney."

Precisely because Disney got the government involved.