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Casting and making your own miniatures

 Post subject: Casting and making your own miniatures
PostPosted: Fri Jul 27, 2007 2:19 pm 
Swarm Tyrant
Swarm Tyrant
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Joined: Thu Jan 02, 2003 6:22 pm
Posts: 8914
Location: Singapore
I guess that it was only a matter of time. With SG support dropping, and home casting kits becoming easier and cheaper, people were always going to start making their own.

In general, I think that this is great. However, I am less convinced that GW will agree. There are, essentially, two types of casting happening.

The first is a direct copy of a pre-produced miniature.

This is not permitted on these boards. Even where the original is out of date or out of production. If you wish to do this kind of thing, please dont go into the details here. This site fully supports the IP rights of GW and any other company.

The second is a miniature inspired by a concept or background article, or is an existing miniature in a different scale.

Please be aware that the original company owns the concept designs, and the actual design if a miniature is produced at, for example, 28mm.

If you have built your own miniature, then this is great, and we would really like to see what you have done.

Do not use this site to generate interest or to place orders for copies of miniatures for sale, unless you are sure that you own the copyright to these miniatures.

The casting of miniatures, even for home use, where you do do not own the IP of the model/design is not permitted on these boards.

Thanks.

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 Post subject: Re: Casting and making your own miniatures
PostPosted: Fri Jan 27, 2012 4:20 pm 
Purestrain
Purestrain

Joined: Thu Feb 13, 2003 10:52 pm
Posts: 9603
Location: Nashville, TN, USA
Fair Use

Caveat: I am not an attorney and intellectual property laws vary by jurisdiction. This post is just for the purposes of explaining the general concept of fair use as it applies to copyright law. Seek professional advice in your local jurisdiction if you believe you have an potential legal problem.


Copyright law prohibits the manufacture of copies of the copyrighted material and any derivative works. However, there are some ways in which people may use materials copyrighted by others which are collectively referred to as "fair use."

With respect to the Tactical Command message boards, the main fair use applications that will apply would be education and research. Reasonable reproduction of copyrighted works are allowed for those purposes.

The following are fair uses for copyrighted materials (probably - again, check your jurisdiction):
  • Reasonable and brief citations of copyrighted material for the purpose of discussion, e.g. quoting a rulebook.
  • Determining how to create a CAD model of an object.
  • Determining how to cast a problematic model.
  • Determining the overall timeline and cost of production of an object, e.g. market research.

The following are not fair use:
  • Any commercial pursuit such as sales or trading.
  • Personal use that is not education or research, e.g. making copies of a model to play a game with.
  • Making copies because the owner of the copyright is not producing the object commercially.
  • Creation of a "derivative work" (see below)

===
Derivative Work

A derivative work is something based on a pre-existing work. The legal determination of whether a work is derivative is complex and subject to fine points of legal theory. However, there are a number of clear cases that are relevant to discussions on Tactical Command. It is also worth noting that it is possible that the original copyright holder can end up with the copyright to the derivative work as well, effectively seizing the new creation and expanding the scope of the copyright.

Clear instances of derivative works:
  • Creating a model in a different scale.
  • Reproducing a work in a different medium, e.g. making a model of a copyrighted drawing.
  • Incorporation of a substantial portion of the copyrighted material in the work, e.g. the classic song-sampling copyright violations.


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