Is selling replicas a trademark/copyright infringment?

[AerinSol]

Never been into cosplay, so no clue how those rules/laws apply, but ran across a site selling a Warframe Skana Prime swords in Australia. Went looking for the pics of arkyhead making his kama replica and found it by chance.

Not sure if I should link it, to avoid anyone from purchasing any just in case.

Mostly asking since the pics show copyright"name of site/company" instead of it saying Digital Extremes.

Edited November 29, 2016 by AerinSol

[(XBOX)Grimsley Clause]

If they're selling for profit without even acknowledging DE or Warframe, and instead labeling as their own, then yes. I think I know what you're talking about too. There's a lot of somantics when it comes to law and copyright, but you should at least raise a brow to DE so they can at least check it out and make sure it's not infringing.

[Praxxor]

IDK about the EULA, but I think most of us agree that it's not cool to not mention the original source, even if you're allowed to do so.

[AerinSol]

It's about $200 so they are making a profit from it. Is there a specific DE member I should talk to? Or any will do?

[(XBOX)Grimsley Clause]

Any will do. Yeah, that sounds pretty shady to not mention either the developer or the game they're making the money from replicas from.

[AerinSol]

Well, I messaged the first one I could find a post from.

[trunks013]

1 minute ago, AerinSol said:

Well, I messaged the first one I could find a post from.

Danielle ?

[AerinSol]

Just now, trunks013 said:

Danielle ?

PsychosomaticSnake

[Berserkerkitten]

I'll be really surprised if they'll do anything about it. Really quite amusing to see some shop in Australia sell faux Warframe merchanside, though. :D

[trunks013]

4 minutes ago, AerinSol said:

Well, I messaged the first one I could find a post from.

Psy Snake ? I think he is a mod but not at DE . Should validate. Anyway he will foward it properly ^.^ i'm sure

Edited November 29, 2016 by trunks013

[AerinSol]

Just now, trunks013 said:

Psy Snake ? I think he is a mod but not at DE . Should validate anyway he will foward it properly ^.^ i'm sure

kk

 

[trunks013]

2 minutes ago, AerinSol said:

kk

 

DE are usualy named [DE]TheirName so its kinda easyer for us to know.

like [DE]Megan , [DE]Steve , [DE]Drew , [DE]Rebecca and even [DE]KeyboardDestroyer

Edited November 29, 2016 by trunks013

[(PSN)Elctrcstel]

8 minutes ago, AerinSol said:

Well, I messaged the first one I could find a post from.

send a PM to @[DE]Danielle

Snake is just a Forum mod I believe. he can pass along a message, but you can PM some of the DE staff directly through the forums

 

Also see trunks' message above mine for other DE staff members

Edited November 29, 2016 by (PS4)Elctrcstel

[trunks013]

2 minutes ago, (PS4)Elctrcstel said:

send a PM to @[DE]Danielle

Snake is just a Forum mod I believe. he can pass along a message, but you can PM some of the DE staff directly through the forums

 

Also see trunks' message above mine for other DE staff members

Man don't point at me! She might not find my joke funny ^.^ 

Edited November 29, 2016 by trunks013

[-AoN-CanoLathra-]

This is an unfortunately grey area, as DE's copyright is for a Digital item consisting of code, and this other company is selling a physical item. The only part that is a definitive issue is their use of the term 'Skana', as it is likely considered copyrighted/trademarked property of DE.

 

That said, if DE has every sold a physical representation of the Skana, then they would have the copyright for sure. Did the Excalibur collector's statue wield a Skana?

Edited November 29, 2016 by -AoN-CanoLathra-

[(XBOX)Grimsley Clause]

As long as the item shares an identical, or near identical appearance, name, and purpose, its essentially considered copyright. Can't make a character called Mario, a plumber with red shirt and overalls, who goes through a magic land to save a princess from a dragon and call it Mr. Mario's Magical Adventure. Nope, instant copyright claim.

[Zhoyzu]

By law its not a copyright infringement if the artist was comissioned to make a piece of art using the intellectual property of another. It is a violation of copyrght law if the artist is making pieces of his own volition and then selling them.

SO if he was asked to make it no its not a violation.

[Yaerion]

54 minutes ago, AerinSol said:

Never been into cosplay, so no clue how those rules/laws apply, but ran across a site selling a Warframe Skana Prime swords in Australia. Went looking for the pics of arkyhead making his kama replica and found it by chance.

Not sure if I should link it, to avoid anyone from purchasing any just in case.

Mostly asking since the pics show copyright"name of site/company" instead of it saying Digital Extremes.

Selling anything related to Warframe without a legal written agreement from Digital Extremes is indeed a violation of the international Copyrights, Exploitation Rights, and Intellectual Property of Digital Extremes, which can lead to prosecution from Digital Extremes via, and under the rules and prevalence of the Courts of their country (Canada). If you encounter such offers on the web (or elsewhere), be kind enough to report it to the Support, so they can initiate an attempt to contact the person or society violating their rights, and resolve the dispute at their own discretion.

Switch Teleported from General Discussion to Players helping Players.

[(XBOX)Grimsley Clause]

Love the custom flavor texts from moved discussions.

[AerinSol]

1 hour ago, (XB1)ALG Minuscule36 said:

As long as the item shares an identical, or near identical appearance, name, and purpose, its essentially considered copyright. Can't make a character called Mario, a plumber with red shirt and overalls, who goes through a magic land to save a princess from a dragon and call it Mr. Mario's Magical Adventure. Nope, instant copyright claim.

part of the description is " Made EXACTLY according to the original design. All Hand Custom Made! "

[(XBOX)Grimsley Clause]

No reference of the original seems suspicious XD

[Arkyhead]

On 29-11-2016 at 8:29 PM, AerinSol said:

Never been into cosplay, so no clue how those rules/laws apply, but ran across a site selling a Warframe Skana Prime swords in Australia. Went looking for the pics of arkyhead making his kama replica and found it by chance.

Not sure if I should link it, to avoid anyone from purchasing any just in case.

Mostly asking since the pics show copyright"name of site/company" instead of it saying Digital Extremes.

are you referring to the skana prime "replica" thing? i've seen it as well. but i didn't remember if it was from australia or not.

[AerinSol]

5 hours ago, Arkyhead said:

are you referring to the skana prime "replica" thing? i've seen it as well. but i didn't remember if it was from australia or not.

Yes I am. The site links to Australia.

[(XBOX)Ubern00ber88]

I know in the us most of the time if the label it simply as a replica then there is some leeway on rulings (even if the item was digital its image is still protected under copyright as intellectual property). A lot of times the original creator can push on with a lawsuit to have a cease and desist issued if they feel the need to.

Don't know how everythong works overseas though.

[czcbibliothekar]

On 29.11.2016 at 8:58 PM, -AoN-CanoLathra- said:

This is an unfortunately grey area, as DE's copyright is for a Digital item consisting of code, and this other company is selling a physical item.

I'm pretty sure EA/Bioware will still rip you a new one if you go and sell Omnitools made from plexiglass.

[AerinSol]

Well. Since I PM'ed both psychosomatic snamke and danielle both are still unread. I guess close thread since it's not important? Been almost 2 months since I messaged them.