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2017/08/06 13:56:47
Subject: Some questions regarding IP laws
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Dakka Veteran
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So I decided to make my hobby my business and I finally got a big order. When I'm done with it I plan on making a true scale 30k marine army. I've tried to find a suitable model to use as a true scale rhino with no success, so I decided to make and mould my own. I want to make it legal of course so I would like to know exactly what design elements I can and cannot use.
Obviously I can't simply make a rhino but bigger.
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2017/08/06 14:28:01
Subject: Some questions regarding IP laws
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Krazed Killa Kan
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This is slightly subjective as you're in a territory where it's all about what can be proven in court.
For the most part, a rhino is based on the FV432 so using that real world vehicle as a base will get you a pass in many areas.
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2017/08/06 15:23:42
Subject: Some questions regarding IP laws
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Dakka Veteran
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I thought it was based on the M113? In any case I have a pretty good idea on how to make it different yet recognisably a rhino. The only thing that's bothering me are the 4 chimneys on the sides of the rhino. I could easily see GW claim that those are uniqe to their IPs.
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2017/08/06 15:51:53
Subject: Some questions regarding IP laws
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Longtime Dakkanaut
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Not sure simply having four exhaust stacks would be something that was enough to qualify, the Aquila logo and similar is best to steer clear of though, then you have a reasonably generic 28mm science-fi transport.
if you make the exhausts separate parts people can put them where they want, wouldn't get hung up on it though as all you need is something roughly the right size and can probably come up with something similar but different enough.
IANAL but may also be worth making and keeping your concept drawings and photographs of prototypes to demonstrate actual design work.
Leave a few flat spaces and people can add all the GW bits you your model they desire
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2017/08/06 17:25:23
Subject: Some questions regarding IP laws
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Lord Commander in a Plush Chair
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Start from the perspective of making a science fiction APC and work from there. Lots of manufacturers make similar products and add on pieces, see Kromlech, etc.
If you start out trying to imitate GW product but a bit larger you're more likely to get into a mess because your recorded design process begins with their product.
If you're asking how similar you can safely make your product then there is no answer because every IP case is somewhat subjective, and it's not a fight you can likely afford anyway. To be safe, make your model your own design rather than copying.
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2017/08/06 17:33:41
Subject: Some questions regarding IP laws
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The Daemon Possessing Fulgrim's Body
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A phrase I remember being bandied about in the Chapterhouse case was "likely to confuse the customer" ie would a customer conceivably buy your product thinking they were getting the 'original.'
GW tried to argue this and I'm pretty sure they were unsuccessful across the board. As said, it's potentially very subjective, but it's something to bear in mind.
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We find comfort among those who agree with us - growth among those who don't. - Frank Howard Clark
The wise man doubts often, and changes his mind; the fool is obstinate, and doubts not; he knows all things but his own ignorance.
The correct statement of individual rights is that everyone has the right to an opinion, but crucially, that opinion can be roundly ignored and even made fun of, particularly if it is demonstrably nonsense!” Professor Brian Cox
Ask me about
Barnstaple Slayers Club |
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2017/08/06 18:26:42
Subject: Some questions regarding IP laws
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Dakka Veteran
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Thanks for all your help. With all this in mind I now have a pretty good idea of what I want to do. I will take the real world transport M113 and then draw inspiration from medieval knight armours. This will make it distinct, all the WWI elements of typical imperial vehicles will be gone whilst at the same time it will still feel like it belongs in a space marine army. For example instead of bolts it will have a more segmented look. It will have a shield instead of a large flat space so it can be both different and have a place to put all the insignia.
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2017/08/06 19:32:39
Subject: Some questions regarding IP laws
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Rampaging Reaver Titan Princeps
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Looking forward to seeing that knight concept a lot more than another rivetted WW2 knock off!
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"But me no buts! Our comrades get hurt. Our friends die. Falkenburg is a knight who swore an oath to serve the church and to defend the weak. He'd be the first to tell you to stop puling and start planning. Because what we are doing-at risk to ourselves-is what we have sworn to do. The West relies on us. It is a risk we take with pride. It is an oath we honour. Even when some soft southern burgher mutters about us, we know the reason he sleeps soft and comfortable, why his wife is able to complain about the price of cabbages as her most serious problem and why his children dare to throw dung and yell "Knot" when we pass. It's because we are what we are. For all our faults we stand for law and light.
Von Gherens This Rough Magic Lackey, Flint & Freer
Mekagorkalicious -Monkeytroll
2017 Model Count-71
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2017/08/07 13:34:15
Subject: Some questions regarding IP laws
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Prescient Cryptek of Eternity
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Posting on a public forum that you're seeking advice on how to copy a protected design while making a minimal amount of changes so as to be protected in court is probably not the best idea. But then, IANAL.
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2017/08/07 16:46:55
Subject: Some questions regarding IP laws
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Loyal Necron Lychguard
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If you're not selling it do whatever you want, GW legal couldn't care less.
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This message was edited 1 time. Last update was at 2017/08/07 16:47:06
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2017/08/07 17:55:15
Subject: Some questions regarding IP laws
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Dakka Veteran
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If everything goes as planned and I do end up making it it's going to be a modified version of the M113 with a knightly theme. It will be the propper size and shape for a true scale rhino (since both designs will be based on the same real life APC) but that's about the only similarity it will have. I should have just used my imagination instead of asking how much I can copy.
Will I sell it? I don't know. I guess if people like it I will. The big question is whether or not it will feel out of place in a space marine army.
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2017/08/07 17:56:10
Subject: Some questions regarding IP laws
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The Hammer of Witches
A new day, a new time zone.
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The fact that he said, 'I got a big order,' seems to indicate that he is, or doing work for commission.
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"-Nonsense, the Inquisitor and his retinue are our hounoured guests, of course we should invite them to celebrate Four-armed Emperor-day with us..." Thought for the Day - Never use the powerfist hand to wipe. |
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2017/08/07 18:32:19
Subject: Some questions regarding IP laws
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Dakka Veteran
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That big order is related to converting and painting an army, not this casting business we're discussing here. I just mentioned it since I'll be using the money I earn from it to fund this little project of mine.
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2017/08/08 05:12:02
Subject: Some questions regarding IP laws
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Nimble Skeleton Charioteer
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Rinos?
RINOS?!
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2017/08/13 21:19:16
Subject: Some questions regarding IP laws
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Longtime Dakkanaut
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Don't call it a Rhino, or anything that sounds like Rhino, or is Rhino in "leet" speak.
Just make a decent, practical looking, 28mm transport with a ski-fi flavour thats easy for people to stick GW bits on but that could be used as a Rhino, Chimera or similar
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