pugdog
Novice
Apr 23, 2007, 4:06 PM
Post #1 of 1
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Using Photos & Products in your miniatures (part 1)
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Right now, with technology, it's easy to decorate your miniature rooms.
Since the first inkjet, there have been printable minis from labels to wallpaper.
Today, with high resolution scanners, photo shop, and printers that can print at 300-1200 dpi, detailed reproductions of our real world are possible (as well as our own creations).
What are the legalities?
Most of the legal issues are clouded in fair use, and Brand-X laws, as well as the practicality of where's the harm or damages. If you make reproductions of actual products, you *should* in theory get permission, especially if you are doing it commercially (reselling) or distributing it (even for free so others can print or make copies). Many companies have departments that license the use of their images and products for everything from making miniatures to being seen in a TV show or movie.
The reality is, though, if you make miniature copies for your own use and houses, nothing is going to happen. Kodak, tried to sue Paul Simon for using "Kodachrome" in his song, until their lawyers convinced them that they could not buy advertising like that. Nikon had no problem with the mention. The BBC had problems with both of that, and rarely played the song as they have strict rules about plugging commercial products in songs.
Because the case can be argued in both ways, and no harm is actually being done to the manufacturer and their trademarks, it becomes a grey area. If you fill your house with P&G products over J&J, or use Brand X rather than Brand Y, are you in fact promoting their products?
So what is the bottom line?
If you make copies of real products for your use in miniature houses nothing is going to happen. That is pretty well protected.
If you make the plans/printables for others to do the same available on-line, for free download, with a disclaimer for personal non-commercial use, you are probably starting to tread that "grey line" but in most cases will not get into trouble. (Unless some other company has licensed or purchased the rights to be the "exclusive" distributors of miniatures or in print representations of those products. That company will view you as infringing.) Coke-a-cola is one that licenses their products all over. Sports teams have gotten extremely testy, to the point of absurdity and insult to the fans.
If you take your miniatures and try to sell them on your website or at a miniature show or flea market, you are probably crossing that line.
If you scan and republish the works of someone else, you can run afoul of the copyright laws, which is where most of this falls (not trademarks).
The solution, is to use products that have long since disappeared into the mists of time, or to make up your own. The latter is far better, but since most houses are from periods 100 years or more in the past, the use of modern trademarks is not going to be an issue. Also, since most products from those periods were locally made or packaged, making up your own labels is not going to be an issue either.
The last word for this segment, is "Are the miniatures I buy in a package with real products on them legal?"
Answer: They certainly cost enough to be! But did the company that is making them actually license the rights? Doubtful - unless they claim "Licensed products". Any company that spends the time and money to license rights will almost certainly make those claims. They will want you to know they took the time -- and expense -- to do so, and that you are getting products that have been licensed. You've seen all the "officially licensed" notices on packags of everything from soda to razors and food to cars.
Before the availability of scanners, cameras and printers, anyone who took the time to make a printable reproducable copy of anything, could charge what they wanted. Now, that lock is broken, and anyone can spend a little time to find images on-line (or to make their own) and create their own miniatures of almost anything they can think of .
There are sites that offer free printable houses, cars, and decorations.
With a little care, even in the most stately houses, the suspension of disbelief will be enough to allow well done paper miniatures to take their place among the other decorations.
Coming up:
Decorating With Photos
Miniature Printables
Suspension of Disbelief - Creating the mood
...and many more
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