Is Recasting Legal? – Wargaming Recon #248

Jonathan is joined by special guest Gordon Firemark esq.  He’s CEO of Firemark Industries and entertainment lawyer at his own law offices as well as being an author and podcaster.

Together they tackle the big issue of Recasting! First they cover the core facts, what recasting is, what the major causes of it are and is it legal, and if so, when and how.  Then they dive into listener questions

The key legal phrases, COPYRIGHT, TRADEMARK and INTELLECTUAL PROPERTY are explained both in broad terms and how they pertain to recasting and 3D printing.

Listeners posed plenty of questions for Gordon.  Here is a list of the questions:

• David asked: How much needs to be changed for it to be considered and original work? Does private use allow for unlimited recasting or printing if nothing is sold to a 3rd party? What’s the legal difference between modelling something digitally from scratch to look identical to an existing miniature and recasting that miniature? What about freely sharing the 3D files that were created from scratch to look exactly like a mini from a manufacturer? If I print a file that I received free from a friend, but it is later determined to violate an IP, am I in trouble if I print and use that file and miniature? I a person legally has a 3D printing file doesn’t issue or direct you to a specific license/terms or use, are you legally allowed to print & sell multiples? What if you got it from backing a Kickstarter? If not, what are potential legal penalties in the United States? How does one legally seek to enforce or seek damages for a violation of a license/terms of use of a 3D file? Would a small designer need to spend $1000s to enforce their rights to their design? They may only make a few hundred dollars of any one specific file.
• Adam asked: Does the original subject matter when it comes to legalities of 3D printing and recasting matter? Is a real world (historical) object treated differently than a fictional one?
• Jack asked how “international” are these laws? Can someone in the US get stuck with a lawsuit from a UK based component for example?
• Bryan asked: What is legal fro selling recasts if anything is legal at all? What is legal when it comes to me making my own sculpts should the look similar to someone else’s? When or how does it come into infringing on rights or IP? What are the legal issues around recasts and selling? Are licenses required?
• Michael asked: Is there a limit of time before I can make a recast and not be in violation of copyright law, or would this follow under general copyright law?
• Sean asked: What if a person wants to make their own 3D printing files of another IP? Such as a Boba Fett from Star Wars. Is that legal or not? How can one make it legal if it isn’t? Does it matter how distinctive the character is? What about the use of names? Does it matter if these are for personal use and won’t be sold or given away?
• Justin asked: If I were to paint a recast, and then sell the work would I be liable if the source of the recast was already liable? Does it matter whether the painter/seler knows if the model is a recast?
• Ian asked if it is legal to print a model a company has ceased to manufacture?
• David asked if there is a statue of limitations on this? I.e. if it doesn’t last indefinitely then what is the timescale?
• Paul asked if it is legal to recast for personal use and not for sale or giving away etc. Or does that somehow fall under the Digital Millennium Copyright Act (DMCA) in some way?
• Chris asked if we could tell Gordon Firemark, esq. that he has an awesome name?
• Joe asked if you take the (IP, Copyrighted) files to a 3D printer service, Who has violated the law? The printer service or the one with the files?
• Tim asked: What are the penalties of recasting, IP theft if found guilty in a court of law (you pick the country, but the States and England would be key countries)? Is it legal to reproduce copyrighted/trademarked/IP ownership into a physical facsimile? ie. a cast or 3D print?
• Girth asked if ‘Art’ has differing laws when it comes to reproducing materials?
• Peter asked if someone is reproducing kits from existing kits and selling them, is the buyer legally at fault? Or the seller or both?
• Andrew asked if he 3D prints a building (say under a creative commons license), paint it ans sell it is that legal?
• Tim asked: What legal recourse do owners of trademarked/IP protected/ copyrighted materials and miniatures have against a recaster? What is the typical process? Typically how long does a trademark/copyright/IP protected law hold for? At what point in time does it become public domain? If one owns said rights to a miniature and it is recast, with a minor/subtle revision or addition to said miniature is it a type of infringement of copyright/trademark/IP protection law?
• Matt asked if Brexit will/has affected cross border copyright/TM/IP agreements?
• Joe asked if a file is from a 3D file site is there any reason to not print it?
• Mali asked if it is a suable offence to recast for personal use or just for commercial use?
• Jack asked about how a lot of folks seem to think it’s OK to reproduce/copy parts like swords, shields, guns using products like “blue-stuff” or Oyamaru – is it legal?
• Joe asked if you take the (IP, Copyrighted) files to a 3D printer service. Who has violated the law? The printer service or the one with the files?
• David asked if there are any exceptions to the law that allow for reproduction for personal use? I.e. producing a spare to indemnify against damage etc.

Upcoming Guests

• Duncan ‘Two Thin Coats’ Rhodes – formerly of Games Workshop will be joining us to discuss painting miniatures and working in GW.
• Henry Hyde – best-selling author of The Wargaming Compendium (affiliate link), former editor of Battlegames magazine, and host of Battlechat.

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