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Dull Copyright Question About A Photo Strip Comic

Started by Small Man Big Horse, March 30, 2023, 09:43:32 AM

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Small Man Big Horse

For many years now I've wanted to make my own photo strip comic, mainly because I absolutely loved Doomlord growing up - https://downthetubes.net/secrets-of-eagle-the-mystery-of-doomlords-mask/

I've only just started writing the script (though I've the plot all sorted), and bought this mask from Ebay:



I didn't think about it at the time, but I was wondering if I use it in the comic whether or not there'd be copyright issues, I think I've found the company which originally made it https://boland.eu/en/latex-head-mask-alien-monster-97562 - but when reading all of the legal stuff couldn't tell if I would be able to use the mask in something I might make a small profit from.

So if anyone could help me or knows about these matters, it'd be enormously appreciated.

madhair60

i clicked this thread and got jumpscared by the mask

Small Man Big Horse

Quote from: madhair60 on March 30, 2023, 11:02:42 AMi clicked this thread and got jumpscared by the mask

It's okay, I plan to draw a fake moustache on the fella so he looks less scary.

buzby

#3
Article 11 of the Terms And Conditons is what you need to read. The first statement is enough:
Quote11.1 Any intellectual property rights to goods supplied and any related materials, such as designs, advice, sketches, drawings, documentation and also any preparatory materials for same which belong to Boland (or its licensors or suppliers) shall explicitly continue to vest in Boland (or its licensors or suppliers).

Basically, they retain the rights to the design, and selling one of their products does not grant the customer any rights regarding the use of the product. If you want to use it in media that will potentially be sold or published, you should really contact them to clear it with them. If you explain it's for a self-published work They might ask you to sign something to the effect that if your comic ends up going somewhere, they will own some (or even all) of the image rights of the character, which is only reasonable if it's based off their mask.

It's the reason why RLM went to all the trouble of making their own alien masks for Space Cop, as if they had used bought-in masks they would have had to go through the process of signing part of their rights away to the mask supplier.


Small Man Big Horse

Quote from: buzby on March 30, 2023, 11:47:17 AMArticle 11 of the Terms And Conditons is what you need to read. The first statement is enough:
Basically, they retain the rights to the design, and selling one of their products does not grant the customer any rights regarding the use of the product. If you want to use it in media that will potentially be sold or published, you should really contact them to clear it with them. If you explain it's for a self-published work They might ask you to sign something to the effect that if your comic ends up going somewhere, they will own some (or even all) of the image rights of the character, which is only reasonable if it's based off their mask.

It's the reason why RLM went to all the trouble of making their own alien masks for Space Cop, as if they had used bought-in masks they would have had to go through the process of signing part of their rights away to the mask supplier.

Ah, I had a feeling that might be the case but am rubbish when it comes to understanding legalese, so I really appreciate all of the above, and will contact them now to see if they're willing to allow me to use it.

Small Man Big Horse

I only sent a message about ten minutes ago but just got a message back saying that it's absolutely not an issue, and they wished me all the best with the project, which I wasn't expecting at all! So thank you again Busby, I was concerned it might be much more complicated but thankfully it won't be.

Alberon

I wonder if they'll be quite so accepting when they see the porn strip you make.

Small Man Big Horse

Quote from: Alberon on March 30, 2023, 10:31:23 PMI wonder if they'll be quite so accepting when they see the porn strip you make.

The very first page has the alien in a bath, but he'll be fully clothed and we're using the old "fuck load of bubbles" trick as my leading man has point blank refused to do any nudity.

Dr Rock

What about the creators of the comic strip? Don't they have some say if you resurrect the character? (I doubt anyone will care though)

Small Man Big Horse

Quote from: Dr Rock on March 31, 2023, 12:00:09 PMWhat about the creators of the comic strip? Don't they have some say if you resurrect the character? (I doubt anyone will care though)

Oh, it's not going to be the same character, just a similar set up and I'm writing it as an affectionate homage to those kind of photo strips that were published in Eagle in the eighties,

Tony Tony Tony

Quote from: Small Man Big Horse on March 31, 2023, 10:28:42 AMThe very first page has the alien in a bath, but he'll be fully clothed and we're using the old "fuck load of bubbles" trick as my leading man has point blank refused to do any nudity.

Sounds like Carry on Space Goblin... good luck getting the cast back together, surely only Jim Dale left now?

Dr Rock

Quote from: Small Man Big Horse on March 31, 2023, 12:06:43 PMOh, it's not going to be the same character, just a similar set up and I'm writing it as an affectionate homage to those kind of photo strips that were published in Eagle in the eighties,

No probs then!