Casting copies of K&C..etc (1 Viewer)

Your posts at the begininhg of this thread certainly gave the impression that you condoned the practice!

Martin

I haven't changed my opinion on this matter. I don't condone people copying and selling items. As for collectors copying figures or whatever else for their own use, that's still not a big deal as far as I'm concerned. Technically any copying is illegal but most companies don't bother about someone copying something for their own use so why should I be concerned if someone does that.
 
I keep hearing the AK homage or copy or however else its stated that K&C did from the airfix products. Others have used these as a template for their own inspiration or, development even TG has acknowledged their influence. They were pioneers in the military hobby with their plastic 1/32nd scale figures.

Thats completely different to what is being discussed here from what I have read. They did not make a cast and copy it outright denying the company sales. I have these figures and all of the airfix and they are not exact copies. I think Andy mentioned many moons ago that he took the inspiration for drawing and designing the figures he made from things around at the time.

I don't have a pecuniary advantage in this interesting topic at all but, I can still see its clearly wrong however one dresses it up. Never saw in any of my law books the defence of sort of wrong or, kind of acceptable as we know it goes on.

I also don't by dodgy DVD's or games not because I enjoy paying higher prices simply because we all (though some ignore) know its not just wrong but, illegal.

The watering down of culpability is interesting in that as usual because there is nobody really policing this area and the liklihood of being caught is low people think its acceptable to do. Wrong!!
Mitch

OK, why don't you post a photo of your K & C WS002 set and your Airfix Afrika Korps figures for everyone to see for themselves.
 
OK, why don't you post a photo of your K & C WS002 set and your Airfix Afrika Korps figures for everyone to see for themselves.

Well here are the pics and I have to say that the MG team, officer with binoculars, hand grenade throwing german and machine gun German are EXACTLY as I seem to remember my airfix soldiers.

Not so sure about the two riflemen. They appear more like Matchbox 1/72 poses

Inspiration or copying......first 3 KC and next 2 Airfix...

AK002.jpg

WS001.jpg

WS002.jpg

AIR01711b.jpg

AIR01711a.jpg
 
A soldier standing firing is a soldier standing firing!!....Is it per definition a copy??..NO. Is it stealing...NO. Making a mould of a figure from a toy soldier manufacturer and producing copies of said figure is just plain old STEALING!!!.


Steve
 
I think if you are going down this road then one has to look at Britains Deetail (just one of many) AK figures throwing a grenade which, is nigh enough the same also and a few other figures. Thats taking inspiration from others and is not the same as what we are discussing whereby one takes a direct copy of the manufacturers product and, by doing so denies them the ability to make a profit living.

I also think that some of the poses that originated were directly from WWII pictures of DAK in action

Again, it seems a watering down of what is legal and illegal by examples that seem to support the view that its not bothering me so, why should I care attitude.

It seems that what you are saying is well, K&C have done X so, who cares if its done to them. Frankly, thats a poor attitude and one IMO that causes more problems than it solves.

I frankly don't have much more to say to you directly as we seem and always will be miles apart on the issue and it will only end up in a tit-for-tat response spoiling what has been an interesting thread.
Mitch
 
Well here are the pics and I have to say that the MG team, officer with binoculars, hand grenade throwing german and machine gun German are EXACTLY as I seem to remember my airfix soldiers.

Not so sure about the two riflemen. They appear more like Matchbox 1/72 poses

Inspiration or copying......first 3 KC and next 2 Airfix...

View attachment 107759

View attachment 107760

View attachment 107761

View attachment 107762

View attachment 107763

Gazza, thanks for the pics, the poses you mentioned sure look very similar to me.
 
I think if you are going down this road then one has to look at Britains Deetail (just one of many) AK figures throwing a grenade which, is nigh enough the same also and a few other figures. Thats taking inspiration from others and is not the same as what we are discussing whereby one takes a direct copy of the manufacturers product and, by doing so denies them the ability to make a profit living.

I also think that some of the poses that originated were directly from WWII pictures of DAK in action

Again, it seems a watering down of what is legal and illegal by examples that seem to support the view that its not bothering me so, why should I care attitude.

It seems that what you are saying is well, K&C have done X so, who cares if its done to them. Frankly, thats a poor attitude and one IMO that causes more problems than it solves.

I frankly don't have much more to say to you directly as we seem and always will be miles apart on the issue and it will only end up in a tit-for-tat response spoiling what has been an interesting thread.
Mitch

Harden up Mitch, it's just toy soldiers.
 
I haven't changed my opinion on this matter. I don't condone people copying and selling items. As for collectors copying figures or whatever else for their own use, that's still not a big deal as far as I'm concerned. Technically any copying is illegal but most companies don't bother about someone copying something for their own use so why should I be concerned if someone does that.

So therefore you ARE condoning the practise and making excusese for them, as is anyone who buys or supports them. The reason that most companies "don't bother" is nothing more than cost. I can't chase someone around the world but I can and have chased someone in this country.

Martin
 
German figures.jpg
Gazza, thanks for the pics, the poses you mentioned sure look very similar to me.
Because of the number of post on this subject..I am unable on my PC to find the last couple of posts referring to the above pictures you received from Gazza.....who made the soldiers in the above picture ?...same mob or different mob?.....the picture with the numbers 3 and pic below with the numbers 2....how do they relate to above picture?....sorry for the confusion but as I said...unable to view posts previous to Gazza?s picture's........Hey ...I dont think I will ask anymore question ...cheers Tom
 
Well here are the pics and I have to say that the MG team, officer with binoculars, hand grenade throwing german and machine gun German are EXACTLY as I seem to remember my airfix soldiers.

Not so sure about the two riflemen. They appear more like Matchbox 1/72 poses

Inspiration or copying......first 3 KC and next 2 Airfix...

View attachment 107759

View attachment 107760

View attachment 107761

View attachment 107762

View attachment 107763

Could you provide side by side pictures, comparing folds in trousers, details of equipment, tool marks etc. I can see changes in headdress and equipment but if your going to accuse a company of piracy I think you need to make the pictures more clear. Is it exactly or as you "seem" to remember them.

Martin
 
View attachment 107764Because of the number of post on this subject..I am unable on my PC to find the last couple of posts referring to the above pictures you received from Gazza.....who made the soldiers in the above picture ?...same mob or different mob?.....the picture with the numbers 3 and pic below with the numbers 2....how do they relate to above picture?....sorry for the confusion but as I said...unable to view posts previous to Gazza?s picture's........Hey ...I dont think I will ask anymore question ...cheers Tom

Please continue to ask questions, in my opinion these things need to be aired.

Martin
 
Could you provide side by side pictures, comparing folds in trousers, details of equipment, tool marks etc. I can see changes in headdress and equipment but if your going to accuse a company of piracy I think you need to make the pictures more clear. Is it exactly or as you "seem" to remember them.

Martin

I am not accusing any company of piracy - please do not put words into my mouth.

The first time I saw a pic of them here, I thought they look like my old airfix sets - as I am sure most people do. I put as 'I seem to remember them' because I do not have the Airfix products any longer, nor have I seen the KC ones in person. I chose my words carefully - it is a shame you have not, in accusing me.

It is fair to say that when it comes to a CD, game or DVD a copy is plain for most to see. When it gets to toy soldiers and poses I assume it can become somewhat grey for those who are not copyright lawyers and /or toy soldier manufacturers.

For instance, as I posted are the pictures copies or inspiration? As some one posted - when are poses generic and when not? What % do you have to change to avoid copyright - harder to do in a DVD film??? They are questions, not a defence of people who copy.

Gazza

PS I do not buy copies of toy soldiers, nor would I.
 
I am not accusing any company of piracy - please do not put words into my mouth.

The first time I saw a pic of them here, I thought they look like my old airfix sets - as I am sure most people do. I put as 'I seem to remember them' because I do not have the Airfix products any longer, nor have I seen the KC ones in person. I chose my words carefully - it is a shame you have not, in accusing me.

It is fair to say that when it comes to a CD, game or DVD a copy is plain for most to see. When it gets to toy soldiers and poses I assume it can become somewhat grey for those who are not copyright lawyers and /or toy soldier manufacturers.

For instance, as I posted are the pictures copies or inspiration? As some one posted - when are poses generic and when not? What % do you have to change to avoid copyright - harder to do in a DVD film??? They are questions, not a defence of people who copy.

Gazza

PS I do not buy copies of toy soldiers, nor would I.


I'm sorry if I misunderstood you, but as you entered the conversation by posting pictures and printing in capitals "EXACTLY" I thought you were making a stand, rather than just an opinion! Believe me if I had evidence in front of me I would name and shame. What ever the company.

This is not aimed at you Gazza but to answer your questions
There is no "grey area" It is very clear. You can not copywright an idea, you can copywright your expression of that idea. In other words a poses is not copywright, only the actual expresive medium.
If I take a photograph of a man firing a rifle, that photograph can not be copied but someone can look at that photograph, like the pose (gain inspiration). He then draws a picture of a man firing a rifle.
That drawing can not be copied but someone can look at the drawing, like the pose and engrave in stone, paint in oils, sculpt ten feet tall or in our case make a toy soldier.
All of these are expressions of an idea and can not be directly copied. So another photographer can not make a mould of the toy soldier but he can take another photograph of the toy soldier.
In the same way I could make a toy soldier standing firing a rifle, another toy soldier maker could like the pose and make his own version of the pose. He is not allowed to take any part of my original work without my permision.

All of this talk about changing a percentage, try telling that to a famouse rock band. The difference is that people people that pirate toy soldiers know that it is unlikely they will ever be caught. This is not just a problem for toy soldier makers, look at any related hobby site and you'll see the same thing happening.
I understand that collectors and modellers don't want to have to make the same conversion over and over. In which case they can do what the rest of us do, either get permision to use the parts (try offering to pay for the use) or make your own dummy figures to base the work on. Again if they were interested they'd find there are companies that sell basic nude figures that are designed to dress up in any required costume.
There are people on here that make there own figures, so perhaps follow their example.

Martin
 
I am not accusing any company of piracy - please do not put words into my mouth.

The first time I saw a pic of them here, I thought they look like my old airfix sets - as I am sure most people do. I put as 'I seem to remember them' because I do not have the Airfix products any longer, nor have I seen the KC ones in person. I chose my words carefully - it is a shame you have not, in accusing me.

It is fair to say that when it comes to a CD, game or DVD a copy is plain for most to see. When it gets to toy soldiers and poses I assume it can become somewhat grey for those who are not copyright lawyers and /or toy soldier manufacturers.

For instance, as I posted are the pictures copies or inspiration? As some one posted - when are poses generic and when not? What % do you have to change to avoid copyright - harder to do in a DVD film??? They are questions, not a defence of people who copy.

Gazza

PS I do not buy copies of toy soldiers, nor would I.
Sorry Gazza..my question about your photos seems to have unset Martin a bit.....I had no intention of drawing blood ......I THINK EVERYONE HAS HAD A BLOODY GOOD SAY ON THE SUBJECT.......it has certainly been made clear that casting someone's else'e work is a No... No.......regardless of the reason....I think Martin has had a bad experience somewhere and this tread has stirred him up a bit.....Sorry about that Martin and anyone else who has been offened....thank you all for your input....with due respect..I think it is about time to give it a miss.....TomB
 
Sorry Gazza..my question about your photos seems to have unset Martin a bit.....I had no intention of drawing blood ......I THINK EVERYONE HAS HAD A BLOODY GOOD SAY ON THE SUBJECT.......it has certainly been made clear that casting someone's else'e work is a No... No.......regardless of the reason....I think Martin has had a bad experience somewhere and this tread has stirred him up a bit.....Sorry about that Martin and anyone else who has been offened....thank you all for your input....with due respect..I think it is about time to give it a miss.....TomB

I have had a bad experience with thieves (I'm sick of using a romanticised name for them) but please don't think you've offended me or "stirred me up" I hear from others all the time who are being ripped off whether dinosaurs or tanks. I don't however think that it's time to give it a miss, quite the oposite, if anything this thread needs to be a sticky!
Honest collectors and makers need to make a stand against "piracy". If it doesn't stop then at least the culprits will not be able to say they didn't know they were theives. If you see "pirated" figures then name the maker and don't buy from them. Other modelling site have warning threads why not here?
As in all things eventualy the honest are paying for the dishonest.

Martin
 
I have had a bad experience with thieves (I'm sick of using a romanticised name for them) but please don't think you've offended me or "stirred me up" I hear from others all the time who are being ripped off whether dinosaurs or tanks. I don't however think that it's time to give it a miss, quite the oposite, if anything this thread needs to be a sticky!
Honest collectors and makers need to make a stand against "piracy". If it doesn't stop then at least the culprits will not be able to say they didn't know they were theives. If you see "pirated" figures then name the maker and don't buy from them. Other modelling site have warning threads why not here?
As in all things eventualy the honest are paying for the dishonest.

Martin
Okay mate.....TomB
 
Well said
Mitch

I have had a bad experience with thieves (I'm sick of using a romanticised name for them) but please don't think you've offended me or "stirred me up" I hear from others all the time who are being ripped off whether dinosaurs or tanks. I don't however think that it's time to give it a miss, quite the oposite, if anything this thread needs to be a sticky!
Honest collectors and makers need to make a stand against "piracy". If it doesn't stop then at least the culprits will not be able to say they didn't know they were theives. If you see "pirated" figures then name the maker and don't buy from them. Other modelling site have warning threads why not here?
As in all things eventualy the honest are paying for the dishonest.

Martin
 
So therefore you ARE condoning the practise and making excusese for them, as is anyone who buys or supports them. The reason that most companies "don't bother" is nothing more than cost. I can't chase someone around the world but I can and have chased someone in this country.

Martin

Martin, I do sympathize with your situation and I support your efforts to chase down those people that are selling copies of your work. However it is clear we disagree in matters where a hobbyist makes a copy for their own use considering the amount of trouble they would have to go through to reproduce your work.

Cost is not the only reason why companies do not pursue those people that make a copy of something for their own use. The law is Black and White with reselling copies of anything but the reality is that there remains a certain amount of Grey area where people make a copy for their own (fair) use, at least in Australia.
 
Make as many excuses for them as you like but it is still wrong, both moraly and legaly. All you're doing is trying to create "grey areas" where I have clearly shown you there are none! I would like you to explain what you think is "fair use". Perhaps you should look at the web site for The Australian Copright Council!
I have even tried to give you examples of how they could make their own figures legaly.
If they are only trying to bulk out their display, why don't they use comercialy available moulds that are designed for home casting? That would save them the "amount of trouble" (my heart bleeds for them! Although I doubt it was as much trouble as the original maker!) The answer is that they want to copy the most expensive but don't want to pay for them!
If they're only using someone elses work to base their own conversions on, why don't they buy a comercially available dummy? They are sold by various companies in most scales, specificaly for that purpose. Answer, they want the figures to look like the other expensive figures, that they didn't want to pay for in the first place!
If they can't make rifles or hats, why don't they buy from the large number of comercialy available "spare parts"? Answer, if they've stollen everything else why not go the whole hog!

I would be interested in hearing from any toy soldier maker that has ever been contacted by someone asking if they could copy their figures.

I'm pretty sure that there will be people reading this that have pirated figures. I know they are not hardened criminals. I also know that if they took the time too think how they are affecting other peoples business they might have second thoughts the next time. How would you feel if someone was stealing from you?

OzDigger, as to your assertion that cost is not the only reason, your right, there is also the reason that it's just plain wrong. Why should I graft all hours,( sometimes through the night because there's a dead line) so that someone else can just feel free to help them selves? Or do you think that is "fair use"?
It is though, very much the main reason. If I had unlimited resources I would persue to the end of the earth anyone who steals from me!

Martin
 
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