Lucas loses Star Wars copyright case at Supreme Court

rolfness

http://www.bbc.co.uk/news/uk-12910683

A prop designer who made the original Stormtrooper helmets for Star Wars has won his copyright battle with director George Lucas over his right to sell replicas. The five-year saga, which ended in the highest court in the land, has stakes of galactic proportions.

Calabi

Its only in the UK thought he's still screwed in the US, but since he's not over there doesnt matter. But then I wonder how long it is before the law is changed in the UK to align with the rest of America(america = world).

crazyfingers

For the first time in a long time i'm considering buying something star wars, fuck George.

[ame]http://www.youtube.com/watch?v=LDCjIjsZp_Y[/ame]

Del

Calabi wrote: »

I wonder how long it is before the law is changed in the UK to align with the rest of America(america = world).

~ Never.

TortillaChips

I guess it's just pressing on the fact that he never signed a contract. But I wouldn't make a 3D object for someone then sell the same thing to others, unless it was designed as something to sell to multiple people.

TomDunne

Wow, that's surprising. Not that George Lucas needs any more money, but if this guy was working as a freelancer from McQuarrie's drawings, I have a tough time seeing his claim to copyright.

Calabi

TomDunne wrote: »

Wow, that's surprising. Not that George Lucas needs any more money, but if this guy was working as a freelancer from McQuarrie's drawings, I have a tough time seeing his claim to copyright.

But the concept doesnt belong to the artist, it belongs to Lucas doesnt it?

But yeah this is a bit dodgy he basically got off on a loophole. But then the 200 years or so they are allowed to hold copyright is a bit excessive.

TomDunne

Calabi wrote: »

But the concept doesnt belong to the artist, it belongs to Lucas doesnt it?

But yeah this is a bit dodgy he basically got off on a loophole. But then the 200 years or so they are allowed to hold copyright is a bit excessive.

Yeah, that's what I mean. George Lucas hired McQuarrie to do the concept art, and then other people were hired to make models based on those designs. If this guy had 100% invented the look of the stormtroopers and then sold the finished product to Lucas, I'd see that maybe, but not just for doing production work.

TomDunne

Hboybowen wrote: »

If i'd designed something that became infamous as the stormtrooper I'd sue you too if you got a check everytime someone did something with it over 40 years.... just sayin

He didn't design it. Ralph McQuarrie designed it, for George Lucas, and this guy just built the model.

http://www.originalprop.com/blog/2008/06/24/star-wars-prototype-stormtrooper-helmets/

eld

Oh the amount of props I've made for games....

Where do I cash in?

Joseph Silverman

Well that's kinda surprising. Lucas has no need for the extra money, but it'd be pretty shitty if someone who worked in a small way on a project you created was allowed to sell/cash in/market something they didn't design.

Mask_Salesman

lol whut... yeah how does that work? He didn't design it, surely not having any proper contract in the first place would only enforce the lack of any ownership over it even more.

So from what I've read... assuming I'm not mistaken, which I'm hoping I am because this is wack;

It's like me going to the office supplies shop and printing out my portfolio then them making their own print outs of my work and selling them off without my permission.

TomDunne

Relative to the game industry, it would be like Bungie hiring a freelancer for a Halo game and that modeler selling 3D prints of the character models he made using Bungie's concept art. Even if the freelancer somehow didn't sign a contract, he certainly doesn't own the rights to any of those characters he modeled.

Ben Apuna

Sweet! Turbosquid here I come! $$$$$$$$$$$$$!!!!!!!!!!!!!!!!!!!!!!

Calabi

This isnt really specific to this guy and his product is it? It doesnt sound it, so expect a ton of star wars costumes in the UK soon. Everybody will be wearing them, I expect Prime Ministers Questions will be very interesting.

Joseph Silverman

As far as i can tell from the article, it's not specific to lucas or star wars at all, and more of a blanket statement that you only get 15 years copyright for production art, instead of the life + 70 for fine art.

"If Lucasfilm could convince the courts the 3D works were sculptures, they would be protected by copyright for the life of the author plus 70 years.

If not, the copyright protection would be reduced to 15 years from the date they were marketed, meaning it would have expired and Mr Ainsworth would be free to sell them."

So i guess in 5 years we can all move to the UK and get wealthy off 3d prints of our halo fanart! Seems pretty disrespectful to illustrators and production artists, ie us.

Wrath

Bit disturbed that a prop designed and built for a film, which is undeniably art, is not inheritely considered art. If that's the case, which part of film is the art part...if not the imagery. Does that mean that all of the designs and concepts for any practical props built for the Star Wars movies are fair game? Can I make my own models of a tie figher and sell it? Vader's helmet? Yoda's head?

Ace-Angel

I would so bone anyone for a Yoda head.

know-it-null

Pretty odd ruling given the fact that, afaik, Lucas owned the merchandising rights outright. Beyond this, shouldn't this guy not actually own the right to reproduction if this was a work-for-hire thing or if he was an employee? I don't know what his contract or terms of employment was with them, but this ruling sort of flies in the face of common sense.

Incidentally, this reminds me of Marvel's recent victory over the Jack Kirby estate. The Kirby family claimed that he was owed royalties and whatnot over the co-creation of many Marvel characters. Marvel claimed that he was an employee and the characters that he created while he was there those 20 years didn't belong to him. The judge in that case essentially sided with Marvel and the idea that Kirby was paid to create for them, not himself. Obviously, the Kirby estate is shaking their fist like Dr. Klaw from Inspector Gadget and vowing to get them next time, via appeal.

Seems odd to me that this guy managed to win rights that probably weren't his.

Wrath

Came across this article today:
http://torrentfreak.com/paramount-cease-and-desist-targets-3d-printer-pirate-110628/

Seems to be a very similiar situation, with even less grounds than the original. This individual did not perform any work-for-hire in creating the original molds for the film, and these objects seem to be much less iconic than Stormtrooper helmets are for the Star Wars franchise.