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Brady Barrineau

9 Years Ago

Custom Characters

I do 3d modeling a bit and created some lego men - to scale. Can anyone give me some advice on what might sell ? Retro look like this, space men, whatever I can render most environments. What about offering custom Lego men for gifts ? Thanks.

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Edward Fielding

9 Years Ago

I'd wonder what the Lego corporation would say about this.

 

Brady Barrineau

9 Years Ago

There are other Lego men for sale on FAA

 
 

Brady Barrineau

9 Years Ago

So this artist would be in violation unless he or she received explicit permission to use the word "LEGO" or any LEGO search term in FAA ?

 

Mike Savad

9 Years Ago

being that lego is both a trademark and a copyright violation. hard to say. lego seems hot right now, but its hard to know if the lego lawyers will contact you or not. i wouldn't take a chance and make things like that. you should rely on your own characters. just because there are more violations, doesn't make it right and you probably shouldn't post another person's image it could be considered name and shame.

all i know is i did once use a lego in something and it was removed on all the sites i was on, even the ones that were fine with most violations.


---Mike Savad

 

Brady Barrineau

9 Years Ago

It is only fair to ask and it's fair game to post other "lego like" characters that have sold. Shame me and name me but if its all legal then I will render some amazing Mego Characters.

 

Abbie Shores

9 Years Ago

and now you have been told and shown this may infringe on copyright or trademark law, if you post them without actual written permission from the company themselves, you could lose your account at the minimum

Make your own figures, or get the written permission and you will be fine

Read our Terms of Use http://fineartamerica.com/termsofuse.html

You represent and warrant that:

(A) You have the full right, power and authority to enter into this Contributor Agreement and to fully perform all of Your obligations hereunder;

(B) You are under no legal disability or contractual restriction that prevents You from entering into this Contributor Agreement;

(C) The Images and all parts thereof are owned and/or controlled by You, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;

(D) If the Images contain any human likeness from which an individual may be identified, You own or have acquired all rights to use such human likenesses;

(E) If the Images contain third-party trademarks including design marks, the inclusion of the trademarks is pursuant to license or written consent or qualifies as a lawful use under U.S. intellectual property laws;






 

Mike Savad

9 Years Ago

based on how i was yelled at in the past, it's not really fair.

mostly your trying to cache in on the fame that lego made for itself. otherwise there would be no point in making them. this is one of the reasons companies get mad. you can't call it lego like when in fact it's a lego. a lawyer would say - it will confuse the buyer into thinking they are buying something official. in any case you can make it at your own caution. these things do creep up on you. your fine for years then you get the letter.


---Mike Savad

 

Mike Savad

9 Years Ago

lego might say yes, but its doubtful, especially since they have movies, characters for at least 3-4 different shows. and this would probably confuse their brand. is what they would probably say. or they may say, yeah, go for it.


---Mike Savad

 

Brady Barrineau

9 Years Ago

Isabella,

So do a LEGO search on your site. Are you saying that each of these artists have gotten permission from the LEGO Corporation ? I am not trying to be a pain just want some answers. If I read the LEGO lingo, the actual LEGO design itself is a Trademark. I am a 3d artist and have some amazing LEGO like renders that look nearly identical to the LEGO figures. They are everywhere. If I am wrong and just using the word LEGO in any way is a violation then so be it. I asked a good question and am certain a lot of great artists whom used LEGO will be angry with me but I am just being cautious and safe.

 

Edward Fielding

9 Years Ago

Plus I believe they actually sell Lego characters with company names printed on them for companies to purchase as promo pieces.

 

Edward Fielding

9 Years Ago

All the answers you seek are in the brochure produced by Lego to defend their trademark - Why not contact the company and ask for permission?

http://aboutus.lego.com/en-us/legal-notice/fair-play

These companies have spent years and billions of dollars developing their product. Just because you can copy it in a 3D program doesn't mean you some how own something that is worth billions. When they bring out a Star Wars Lego set, they do so after legally licensing the characters from Lucas Arts (now Disney). Why would you get a free ride?

Should I just be able to use any celebrity or any other well know brand in my advertising? Should I be able to say X corporation endorses my products?

 

Kevin OConnell

9 Years Ago

Brady if you made these yourself, it looks minimal to change them a little. If you can do that and change the name to like Pego, see if something like that works. Some people take pics of people on this site without model releases and sell them, some take pics of statues and buildings that are trademarked and sell them as well on here. Lego is hot right now, so you have to worry about that, plus posting in the discussion forum was not a good idea. You just told everyone and some here get jealous and just might turn you in themselves.

 

Edward Fielding

9 Years Ago

FYI:

On May 17 2013, in LEGO Juris A/S v Plastic Factory COBI SA (V-96-11), the Maritime and Commercial Court found for LEGO.

The court stated that the LEGO mini-figure is the result of extensive research and development. The expert opinion obtained by the court confirmed that the mini-figures are the result of an original, personal and independent creative contribution. Furthermore, the LEGO mini-figure has such an individual and original appearance that it must be considered an independent work and is therefore protected under Section 1 of the Copyright Act.

http://www.internationallawoffice.com/newsletters/detail.aspx?g=e1e2d039-0b11-43e7-82a6-881ab362f909

=====

Just a clarification to Kevin's remarks. People are not trademarked. Model release are only required if the image is used for commercial purposes. I.e. on products, in advertisements etc.

 

Brady Barrineau

9 Years Ago

Kevin,

Please look at my first post. I was not asking anything accept advice on how to pose my Pego Characters. If I am sent to Pego Prison so be it.

 

Mike Savad

9 Years Ago

if you can make a lego character, then you can also make a brand new character that no one has seen before. it doesn't matter if everyone has something like that up here. they may not know they shouldn't, or they had permission. in any case they are trying to cache in on the hard work and much money spent - companies. its no different than trying to cash in on a celeb's face.

if you made something original, and it sold, and due to your efforts you pushed it and it became a "thing", then some other artist made a version that looked just like yours - would you be happy or not that they are trying to cash in on your hard work?


---Mike Savad

 

Mike Savad

9 Years Ago

your planning on going to jail over lego characters? first - you won't go to jail, they will simply drain all your funds away until you have none, if you go to court. if you win, your lawyers will do that anyway. posing them doesn't matter, your using a copyright and a trademark from another company. and our advice is - don't do it, it's not worth the risks.

---Mike Savad

 

Kevin OConnell

9 Years Ago

This was put on the front page and really wonder if it was made by the person with no profile
http://fineartamerica.com/products/wheelie-samuel-whitton-greeting-card.html

 

Edward Fielding

9 Years Ago

The actual shape of the mini-fig is trademarked. The stud on the head, the way the body is divided, the hands. Everything that makes it a "original, personal and independent creative contribution".

Ask yourself. If I removed all of the things that make this resemble a trademarked product, would my art sell?

 

Kevin OConnell

9 Years Ago

Thanks for your wrong re-post Edward but Kevin did not say people are trademarked.

 

Kevin OConnell

9 Years Ago

Edward are you an attorney for Lego? you seem to be telling someone you are with your comments

 

Brady Barrineau

9 Years Ago

Hey Kevin

That image looks to me like a Star Wars Lego hybrid violation. Maybe even Honda. If anything, Lego should encourage all artists to make renderings of their characters - it's free advertisement ! Now if you got to Alibaba and order 12,000 Lego ripoffs then yeah or 3d print them. Violation. I do not think that any renderings of Lego unless you use LEGO words is any violation. Kind of like painting a picture of a Ford Mustang and selling it.

 

Kevin OConnell

9 Years Ago

Brady, as I do not know the laws or pretend to like some have.
Whatever you decide to do, all the best

 

Edward Fielding

9 Years Ago

No, I am not an attorney for Lego. There is a lot of confusion between what other people do and what what is legal. Different markets have different requirements - it is in the artists best interest to understand trademarks, copyrights, licensing, model releases and property releases.

 

Mike Savad

9 Years Ago

that's what everyone says, it's free advertisement, so it can't be bad. but they have to regulate what it goes on because it's their brand. they have a right to place it on things they want. it's their merchandising effort. they are cashing in on the toys and the pictures because they are making cartoons. the one on the bike i believe is just a toy on a bike. unless it says honda, he's ok on that. the lego not so much.

a rendering is a violation, you don't have to make the physical toy. the fact is, your trying to cash in on the fame of lego. otherwise you wouldn't be so hard pressed in trying to sell them. i'm sure you have other more interesting things to sell that you rendered, sell those instead.

if you painted a ford mustang you would run into the same issues. trademark violations. in the case of lego, they are designed by an artist, so you have copyright issues there as well. the shape of a lego person is a part of a trademark. and how you would advertise this without mentioning lego is beyond me.

---Mike Savad

 

Mike Savad

9 Years Ago

this is from lego's own site:

What is a Trademark?
A trademark is a word, symbol or design, including a logo or the shape of goods or of their packaging, that distinguishes the goods of one company from those of another company. In some countries, the LEGO Basic Brick is protected by a trademark registration. A trademark also can be used to show the endorsement or approval of the trademark owner for materials bearing the trademark.

in other words, the shape of the lego man is lego. people will recognize it immediately as a lego person. and that's a trademark violation. if you don't believe us, get their permission.

http://aboutus.lego.com/en-us/legal-notice/fair-play

most companies don't have it spelled out as nice as this is. its not full of legal jargon and fine print like on other sites.


---Mike Savad

 

Brady Barrineau

9 Years Ago

"Since the expiration of the last standing Lego patent in 1989, a number of companies have produced interlocking bricks that are similar to Lego bricks. The toy company Tyco Toys produced such bricks for a time; other competitors include Mega Bloks and Coko. These competitor products are typically compatible with Lego bricks, and are marketed at a lower cost than Lego sets."

http://en.wikipedia.org/wiki/The_Lego_Group

Have at it Lego Men. Renders coming soon.

 

Edward Fielding

9 Years Ago

I guess you missed the link to the court case about mini-figs in particular.

Have fun Brady! Good luck!

 

Mike Savad

9 Years Ago

a patent is not a trademark. the patent extends to making interlocking bricks, an actual physical toy. you'll note that none of these other products really look like lego, they only act like it. lego the toy is still a trademark, especially the people. trademarks have no expiration dates, if they aren't fought for, you can lose them.

the lego man is a trademark, that's a violation. its not worth stealing someone else's idea or hardwork just for your own profits. be an artist and be original.


mickey mouse - a good example of trademark and enforcement. use it and hear from their lawyers.


---Mike Savad

 

Bill Swartwout

9 Years Ago

As of "now" a search on FAA for "lego" yields 689 returns: http://pixels.com/art/all/lego/all

...just sayin'...

~ Bill
~ USPictures.com

 

Jeffrey Campbell

9 Years Ago

Hi Brady,

It is in everyone's best interest to seek guidance from those who actually specialise in the law in order to fully protect themselves. Abbie has provided Fine Art America's Terms of Use.

 

This discussion is closed.