2 Arrested for Modifying Figure [to Double villain]

[musashi03]

Then when he's free, his works will fetch a higher price since it's now illegal, meaning it's rarity has just increased ten-fold. :rofl:

 

[MrMonk]

Then when he's free, his works will fetch a higher price since it's now illegal, meaning it's rarity has just increased ten-fold. :rofl:

If he gets arrested, and does it again... that's probably not the best track for him.

 

[nerefir]

If he gets arrested, and does it again... that's probably not the best track for him.

Your avatar is particularly appropriate for this statement.

 

[Matrixbeast]

Now that the figure has been seized, will the buyer get his money back?

 

[AyaToyBox]

Now that the figure has been seized, will the buyer get his money back?

if i were the buyer i will keep what I buy, a customer deserve it :thumbs:

 

[updatedude]

I'm kinda curious here, would such a crime be applicable in say, the US?

Granted, the guy used an existing figure and modified it, but he modified it into something that doesn't exist yet. Consider this, the custom figure looks similar to an existing character if the character were theoretically re-imagined. But that's like saying Toku Series A is similar to Toku Series B excepting that it has a different design aesthetic and premise. Or Gladiator is similar to Superman except he has a mohawk.

Then what of all the faux car designs that companies like TakaraTomy have designed? Is it that they're not based in the same country as the car manufacturers that "inspired" much of their design?

Is there a law in Japan to prevent someone from selling their personal belongings without a license?

Erm... in short, I've rambled, but here's what I want to say/ask.

1) Would these guys be prosecutable in the US?
2) Is the real issue not so much the custom, but the name used to market it?
2.1) Would they have gotten away with it if they named the custom Super Ingenius Kustom Figure: Perfect Society Monster?

 

[NotHyper]

If the Kamen Rider IP existed in America in the same way it does Japan, and the same situation played out on Ebay, then yes, Bandai/Toei would be able to persue a case for copyright infringement. The issue is the custom. The custom uses a design created by Bandai/Toei, a base made by Bandai, and is marketed as a custom SIC of a copyrighted character.

The big issue is the guy profitting off something based on the Utopia Dopant. The visual piece is still clearly based on the suit Toei designed. Even if Keno changed the name, it's still infringement because it's someone else's design. The bigger issue is the guy making a huge profit off of a design that doesn't belong to him.

 

[MrMonk]

I'm kinda curious here, would such a crime be applicable in say, the US?

Yes, and most US companies are even stricter about it. Japan tends to let it lie in certain cases, as long as significant profit is not made.

Granted, the guy used an existing figure and modified it, but he modified it into something that doesn't exist yet.

Incorrect. He modified it into a character created and owned by Toei. Just because they haven't and may never create a figure for it does not mean they lose the sole right to do so.

Consider this, the custom figure looks similar to an existing character if the character were theoretically re-imagined. But that's like saying Toku Series A is similar to Toku Series B excepting that it has a different design aesthetic and premise. Or Gladiator is similar to Superman except he has a mohawk.

There are whole cases about this. It's illegal. Sorry. Here's one in fact:

[HIDE]http://www.internationalhero.co.uk/a/agentame.htm
http://www.internationalhero.co.uk/f/fightame.htm

Frankly the character's background in this version is far less interesting than the real world background. Basically Rob Liefeld and Jeff Loeb were hired by Marvel Comics to revamp Captain America as part of the "Heroes Reborn" storyline. They created a revised history and a young, female Bucky (Captain America's sidekick). Then Marvel terminated their contract.

Liefeld and Loeb, apparently somewhat upset about this, planned a new character for their own Awesome Comics line, called Agent America. Agent America's costume was visually almost identical to Cap's, he carried a round shield emblazoned with a star in the centre (like Cap), and he was to face villains such as the Cyber Skull (who looked a lot like a recoloured version of Cap's main foe, the Red Skull). They gave Agent America a female sidekick (like they had done during their time on Captain America) to replace one who had died in the past (just like what had happened in their time on Captain America), said death precipitating the hero's retirment for decades (like they'd done...do I need to go on?). Marvel saw the adverts for the character and instigated legal action, issuing a cease and desist. Liefeld then bought the rights to do Fighting American, and then combined Agent America's look with this pre-established character, giving Fighting American the Cap-like shield,
Cap-like colour scheme on his costume (note the removal of FA's yellow and
replacement of it with Cap's white), and female sidekick. At the end of the day the judge ruled that Liefeld could go ahead with this character (but not Agent America) so long as he made some more costume modifications, and that he NEVER throw his shield like a weapon (which Captain America does do as one of his signature traits). Both sides claimed victory.[/HIDE]

Then what of all the faux car designs that companies like TakaraTomy have designed? Is it that they're not based in the same country as the car manufacturers that "inspired" much of their design?

It's that the design are sufficiently different enough to pass the mustard.

Is there a law in Japan to prevent someone from selling their personal belongings without a license?

Doesn't count as the figure itself is still a violation of copyright. The argument is the sale of the custom deprived the original copyright holder of a sale they possibly could've made in the future. First sale doctrine only covers actual authorized copies of a copyrighted work. The custom was not authorized by the copyright holder, so... no dice.

1) Would these guys be prosecutable in the US?

Very much so. Thanks to the Berne Convention, countries uphold other countries copyright law.

2) Is the real issue not so much the custom, but the name used to market it?
2.1) Would they have gotten away with it if they named the custom Super Ingenius Kustom Figure: Perfect Society Monster?

That it's being marketed at all is still the problem. They could rename it, but all Toei would have to prove is, 'yeah that's supposed to be our design," and the case is over.

This is a boilerplate for copyright:

Copyright are exclusive statutory rights to exercise control over copying and other exploitation of the works for a specific period of time. The copyright owner is given two sets of rights: an exclusive, positive right to copy and exploit the copyrighted work, or license others to do so, and a negative right to prevent anyone else from doing so without consent, with the possibility of legal remedies if they do.

The whole point is it gives creator the right to decide what is done with their creation. If I create Fist God Roy, copyright protects someone else from stealing my design and making money off of it. A corporation is protected as much as a person is.

I'm ballparking it, as copyright is far more complex than this, but you get the idea. You can make a custom. You can't sell that custom if it's not your own design or creation.

 

[musashi03]

Would it have gone better if Ken stuck with "what if" designs? Like Garren King Form? Though he does exist in SIC Hero Saga.

 

[Ziginz Zegell]

What is this bullshit. If they were mass producing that would be one thing, but selling one figure at auction...Bullshit. Bandai Laughs at our pain and drinks our tears.