My jurisdiction is: Texas US
Hi, I´m thinking of creating a small internet business based in Texas. I´m thinking of creating toys and part of toys for people who play miniature wargames to use.
I thought why not try to get some answers on this board before I eventually have to hire an expensive attorney.
The problem is that the wargame is owned by another company so what exactly would I legally be enabled or forbidden from using/making.
1: Is it ok to create similar miniatures that already exist and are owned by the other/original company as long as I make them from scratch and alter them?
2: How big must the difference be, I still want them to be taken as a part of that particular wargame but also be different enough not to be direct copyright and IP infringements.
3: How does concept art work? Say that I use the original companies concept art and create a miniature out of it, can I do that or do I need to alter it (how much?) enough to go as my own copyright?
4: Concept art alteration issue number two.
Can I take a concept art pictured as a flat 2D picture and create the same thing but in 3D thus making it look the same from only one direction?
Thus if another company made a 2D symbol on paper, can I make it into a 3D model that can be held, rotated etc?
5: How obvious can I be that my creations are to be used in the original companies game? Do I need to refrain from all specifics and just do my things as "generic-fitting-everything" creations?
6: The website I´m eventually planning on, what is allowed to be shown on it? Can I use pictures of my own creations together with products owned by the original company (to show that they are meant to be used together) or am I forced to show only my own creations?
7: I already know that I can make an Intellectual Property infringing creation for my personal use only and that it will be illegal to sell it and make money of it. But is it legal for me to show such a creation on my website (just for showing purposes, not selling purposes).
Can I give away such an item, thereby not directly making money of it?
Can I give away such an item as an encouragement for people to buy a little more of other products, say if a couple of friends get together and place a bigger order then they will for free receive such an IP infringing creation?
8: If it is ok to freely give away such a creation, can I then charge the person who is given it just the postal/shipping fee or does that count as making profit of the item in particular?
9: If the items owned by the original company are illegal to show on my site then another issue comes up. The website will have a forum attached to it where other people can post whatever they want.
What if someone posts pictures of the things I will do and sell together with products owned by the original company, is that legally ok or cant I have a forum just because this might occur and hit me?
Thanks for your time
Hi, I´m thinking of creating a small internet business based in Texas. I´m thinking of creating toys and part of toys for people who play miniature wargames to use.
I thought why not try to get some answers on this board before I eventually have to hire an expensive attorney.
The problem is that the wargame is owned by another company so what exactly would I legally be enabled or forbidden from using/making.
1: Is it ok to create similar miniatures that already exist and are owned by the other/original company as long as I make them from scratch and alter them?
2: How big must the difference be, I still want them to be taken as a part of that particular wargame but also be different enough not to be direct copyright and IP infringements.
3: How does concept art work? Say that I use the original companies concept art and create a miniature out of it, can I do that or do I need to alter it (how much?) enough to go as my own copyright?
4: Concept art alteration issue number two.
Can I take a concept art pictured as a flat 2D picture and create the same thing but in 3D thus making it look the same from only one direction?
Thus if another company made a 2D symbol on paper, can I make it into a 3D model that can be held, rotated etc?
5: How obvious can I be that my creations are to be used in the original companies game? Do I need to refrain from all specifics and just do my things as "generic-fitting-everything" creations?
6: The website I´m eventually planning on, what is allowed to be shown on it? Can I use pictures of my own creations together with products owned by the original company (to show that they are meant to be used together) or am I forced to show only my own creations?
7: I already know that I can make an Intellectual Property infringing creation for my personal use only and that it will be illegal to sell it and make money of it. But is it legal for me to show such a creation on my website (just for showing purposes, not selling purposes).
Can I give away such an item, thereby not directly making money of it?
Can I give away such an item as an encouragement for people to buy a little more of other products, say if a couple of friends get together and place a bigger order then they will for free receive such an IP infringing creation?
8: If it is ok to freely give away such a creation, can I then charge the person who is given it just the postal/shipping fee or does that count as making profit of the item in particular?
9: If the items owned by the original company are illegal to show on my site then another issue comes up. The website will have a forum attached to it where other people can post whatever they want.
What if someone posts pictures of the things I will do and sell together with products owned by the original company, is that legally ok or cant I have a forum just because this might occur and hit me?
Thanks for your time
