Character token licensing question

By Sixmilliote, in X-Wing

Hi all,

I have made some new character tokens that I had intended to add to my ebay listings shortly, but thought it best to check if I were breaking any laws in doing so.

http://i1296.photobucket.com/albums/ag2/sixmilletoe/WP_20160111_003_zpsdadnmxv2.jpg

If I were to advertise these as ‘character tokens compatible with x wing miniatures game’ therefore not specifically naming any characters, would this be allowed?

I would appreciate any input on the subject.

Thanks

Chris

3PO and R2 are really iffy, as is Greedo. The others can be seen as only resembling the characters, but these three are probably protected by Disneys copyright. I'd be really careful with this if I were you, Disney only recently killed a supplier that sold a Nebulon-B frigate.

Edited by Admiral Deathrain

The greedy mouse will come for your buttocks!

I wouldn't if I were you. If you are creating original material and not using their characters, you'd be standing on iffy ground at best, but using 3P0 and R2? Mouse gonna gitcha. Maybe not immediately, but the mouse does not tire, the mouse does not stop, and the mouse will crush anyone who it thinks might be violating its IP.

3PO and R2 are really iffy, as is Greedo. The others can be seen as only resembling the characters, but these three are probably protected by Disneys copyright. I'd be really careful with this if I were you, Disney only recently killed a supplier that sold a Nebulon-B frigate.

Precisely why I ask. I am aware of what happened to space rocks Neb-B and didn't want to infringe either. Although these characters have merely been traced (intentionally not perfect) and not named specifically, it is probably not worth the risk.

Many thanks for the replies all

Chris

Great stuff as always Sixmilliote I have bought several of your tokens in the past and they are great quality. People check out his stuff!

I would also say the obvious characters might be on rocky ground, although I often see people selling art and associated products from etsy and other sites with no issue.

I do need that Palpatine token tho!!!

Edited by JamieSpace

Great stuff as always Sixmilliote I have bought several of your tokens in the past and they are great quality. People check out his stuff!

I would also say the obvious characters might be on rocky ground, although I often see people selling art and associated products from etsy and other sites with no issue.

I do need that Palpatine token tho!!!

Since I won't be selling these sets now, but have 15 sets cut, I'd be happy to send a set your way with any future purchase! ;)

Cheers

Chris

Are you making a new batch of tokens for sale? Curious to see what they are - I love the aesthetic on your tokens but never find myself with spare cash when you put them up on ebay.

Why not start a kickstarter on some weird banta crap

and as a "bonus" to all participants who donated a specific sum they are granted a set of some tokens

everybody's happy, it's just a bonus to generous donators)

Are you making a new batch of tokens for sale? Curious to see what they are - I love the aesthetic on your tokens but never find myself with spare cash when you put them up on ebay.

Hope to have new batch listed this evening. Some tokens (shields) still cut once material from supplier arrives. Watch this space :)

Cheers

Chris

Why not start a kickstarter on some weird banta crap

and as a "bonus" to all participants who donated a specific sum they are granted a set of some tokens

everybody's happy, it's just a bonus to generous donators)

I'll hand them out to customers who are aware of and request them when purchasing other token/s. First come first serve :)

Cheers

Chris

The greedy mouse will come for your buttocks!

As a Disney Shareholder, I appreciate their vehement defense of their copyrights. None of this is public domain and thanks to US Copyright law, failure to defend even the slightest infringement could pose a risk to the entire IP.

No IP must hold good content back.

Good content > IP buttcrap.

Those are nice tokens. I would like some of those.

I am not sure what that means, but "good content" is subjective. FFG is doing it right, sometimes smaller guys hope to sneak in under the radar. That's why there are lawyers and 'cease and desist' letters.

so long as nobody makes some piece with IP, why prohibit people from making them without one?
FFG made a good-looking Firespray? Alright. No problems.

FFG won't be making ARC-170's?
Make them. And to hell with all the IP bantacrap. US laws are imperfect, and trying to apply the IP law to every aspect is the road to hell.

Hell with no good content >_>

Those are gorgeous.

I'm no expert but just search Etsy for Star Wars. lots of people make and sell Star Wars stuff that's not officially licensed. Nor sure what deems something worth taking legal action against or letting slide.

If you make it to Disney's legal radar, you'll be hit with a C&D letter. Those letters are cheap. Unless you're making a good chunk of money, it's unlikely it will progress further than that..... unless of course you don't comply with the C&D.

While it is true they have to defend trademarks, they don't have to actively search for violations. They can just say that they never knew of the infraction. But once 'discovery' has happened, that starts their clock on when they must take action. In the US at least.

loki has it right.

Most often, Disney really wouldn't care about little things like this; they are in it for the big bucks.

However, if they don't actively pursue copyright and trademark infringement, even on the little things like this, they can jeopardize their rights to pursue it against a big infringer -- say, someone who comes out with an unauthorized Star Wars novel or a toy for the mass market.

Everyone except Warpman talking about the IP is probably right.

However, if you wanted to sell tokens "compatible with X-wing", there might be a world of difference between a token that clearly shows Threepio's face and a token with a filled golden oval. (Ditto Artoo and a filled white half-circle on a blue token, etc.) That way your customers could get a token that clearly indicates the relevant effect, and you wouldn't be infringing on Disney's IP.

PLEASE NOTE, though, I'm not a lawyer. And I'm aware there's often a substantial gap between logic and the law.

I'm a lawyer. And in no world will i ever say IP is something positive for the society

Imagine a world where concrete or maybe Fire was copyrighted.

As a customer I don't care. if the novel IS GOOD and is better than the shitton of Banta crap that is 90% of SW novels

I'll buy it, and I'll read it, and I'll be happy.

YOU are a lawyer?!!?! I had assumed....well.....not that. Actually, based on some of the things you have written - and the fact that you should be doing more billable things than playing on the FFG forums all day - I am calling shenanighans. (just saw your spoiler....In any case...I must vehemently disagree with you.)

I am a photographer.If my work, my IP, was not protected, then any jackass could do whatever they like and I'd get nothing for my labor and creativity.

Personally, I am glad that USC 17, exists. And in the example that you cite, if the author is good enough to out-do "90%" of the SW novels, then they are certainly good enough to either get picked up to write an authorized book or good enough to create their own universe to play in.

****EDIT***

Also, there is no chance that 'Fire' or 'Concrete' would be allowed copyright protection without some restraining context. (Concrete as a character name, fine, but not as a building material)

You of all people know that words in the public domain are very hard defend as copyrights, assuming they are afforded that protection to begin with!

Edited by loki_tbc

I'm a lawyer. And in no world will i ever say IP is something positive for the society

Imagine a world where concrete or maybe Fire was copyrighted.

As a customer I don't care. if the novel IS GOOD and is better than the shitton of Banta crap that is 90% of SW novels

I'll buy it, and I'll read it, and I'll be happy.

That is too flat a thing to say, to be honest. The use for IP is that there is an incentive to create it - if your IP wasn't protected, it would be hard to earn something on it. Not to mention frustrating when it gets 'stolen'. I agree that the form IP laws exist in today in most places is inapropriate, but some form of it is necessary.

I would advise against selling anything related to Star Wars without contacting directly Disney.