King & Country
1st Lieutenant
- Joined
- May 23, 2005
- Messages
- 4,997
Hi Guys,
A couple of points...
1. “Patton”
Following on from this J.S. thread...Let me clarify a couple of points from my friend Louis’ explanation of the “Patton” incident.
Firstly, we were not sued...we got a letter from a company that represents the heirs of George Patton telling us we had not received official permission to reproduce a figure of the man himself and use the “Patton” name. They told us we should either stop producing or pay a fee to get official approval. We chose the latter option...wrote an apology and asked what the fee would be. Back came the answer US$4,000...This we happily paid and everybody went away happy. The actual production run was 800...500 with fixed wheels and 300 with running ones.
As far as earlier incidents...Chaplin...Elvis...The Fab Four...I really did not know any better. Sadly, ignorance of the law is no excuse as one of my lawyer friends pointed out. These figures are as rare as hen’s teeth these days...so if you see any of them at your local flea market or swap meet — grab’em with both hands.
On a related matter not so long ago I wanted to do another “personality” piece...got in touch with their representatives and got the shock of my life. They wanted a huge fee upfront...US$25,000...design approval...advertising approval...unspecified numbers of the finished figure at factory cost...US$1,000,000 insurance policy to cover any potential liability for almost any circumstances regarding the figure...etc, etc, etc.
You get the picture, right? Needless to say I exited stage left and decided not to go down that road and did something else. Oh well, such is life!
2. Famous People & Their Copyrights
Generally, famous military and political figures are not “copyrighted / trademarked” — Patton is the exception as far as I know. Re Entertainment...Movie and TV stars...Pop idols...Sporting Heroes...most definitely are!
So, as long as we stick with Winston...Monty...Sepp Dietrich...Adolf and assorted others we’re on reasonably safe ground...But as for Jimmy Stewart...Clark Gable...Marilyn Monroe...or other Hollywood biggies better to steer clear.
Actually, my good mate Chris Howse, who is one of Hong Kong’s leading lawyers (and a big toy soldier collector) told me...There was a court decision a few years back when the descendants and relatives of Marilyn Monroe...Groucho Marx...James Dean and a few others get a US law passed that protected their images from exploitation by manufacturers of coffee mugs...beach blankets...‘T’ Shirts and so on and so forth.
Up until that point anyone could do anything with Marilyn...James Dean...Groucho and the rest of the gang.
Certainly made me pause in my tracks...
Best wishes and...happy collecting!
Andy C.
A couple of points...
1. “Patton”
Following on from this J.S. thread...Let me clarify a couple of points from my friend Louis’ explanation of the “Patton” incident.
Firstly, we were not sued...we got a letter from a company that represents the heirs of George Patton telling us we had not received official permission to reproduce a figure of the man himself and use the “Patton” name. They told us we should either stop producing or pay a fee to get official approval. We chose the latter option...wrote an apology and asked what the fee would be. Back came the answer US$4,000...This we happily paid and everybody went away happy. The actual production run was 800...500 with fixed wheels and 300 with running ones.
As far as earlier incidents...Chaplin...Elvis...The Fab Four...I really did not know any better. Sadly, ignorance of the law is no excuse as one of my lawyer friends pointed out. These figures are as rare as hen’s teeth these days...so if you see any of them at your local flea market or swap meet — grab’em with both hands.
On a related matter not so long ago I wanted to do another “personality” piece...got in touch with their representatives and got the shock of my life. They wanted a huge fee upfront...US$25,000...design approval...advertising approval...unspecified numbers of the finished figure at factory cost...US$1,000,000 insurance policy to cover any potential liability for almost any circumstances regarding the figure...etc, etc, etc.
You get the picture, right? Needless to say I exited stage left and decided not to go down that road and did something else. Oh well, such is life!
2. Famous People & Their Copyrights
Generally, famous military and political figures are not “copyrighted / trademarked” — Patton is the exception as far as I know. Re Entertainment...Movie and TV stars...Pop idols...Sporting Heroes...most definitely are!
So, as long as we stick with Winston...Monty...Sepp Dietrich...Adolf and assorted others we’re on reasonably safe ground...But as for Jimmy Stewart...Clark Gable...Marilyn Monroe...or other Hollywood biggies better to steer clear.
Actually, my good mate Chris Howse, who is one of Hong Kong’s leading lawyers (and a big toy soldier collector) told me...There was a court decision a few years back when the descendants and relatives of Marilyn Monroe...Groucho Marx...James Dean and a few others get a US law passed that protected their images from exploitation by manufacturers of coffee mugs...beach blankets...‘T’ Shirts and so on and so forth.
Up until that point anyone could do anything with Marilyn...James Dean...Groucho and the rest of the gang.
Certainly made me pause in my tracks...
Best wishes and...happy collecting!
Andy C.