Aztec Star Wars dial

Its not his artwork to sell. Hes ripping of the guy who made it who sells those things himself, and is now losing money because of people like this.

If I am understanding the situation, both parties are infringing on properties owned by Disney.

Fair Use allows an individual to use IP for personal, non-commercial work.

Inventables cannot host or be party to copyright infringement. If this is the case, all parties should remove any examples or links to items they are attempting to sell.

Commercial use of another artists work is another issue. In this case it seems to be an issue of selling something someone else is already selling without permission.

If it is simply a case of someone recreating something they saw on the internet, it is allowed under Fair Use. You can make 500 Darth Vaders to hang on your wall but if you start selling them, you are in violation of copyright law.

well thats whats been done. hes been posting it all over the internet claiming its his in some cases, as well as attempting to sell made copies on ebay, as well as digital versions of the file on etsy.

You also posted this.

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I did. The original artist is a guy that goes by the name Nopal. He drew the original design by hand that this was ripped from. He doesnt post on this site.

The OP of this thread, however, ran a trace or something of that nature on his design, started posting it all over facebook as his own, posting it on imgur, posting it on etsy for sale, and selling engravings he made from it on ebay.

I understand that. Has he licensed the use of Star Wars properties from Disney?

I have no idea what davids contractual agreements are.

Regardless, this guy is either infringing on Davids work, or Disneys, or both.

Ebay and Etsy both felt it was worth removing immediately.

The Inventables forum not the place to discuss this particular case.

I encourage everyone to be responsible when recreating the artwork of others. I am fairly confident that none of us reading have as many lawyers as Disney.

A claim has been made that the OP is selling reproductions of the work. If that is accurate, I hope it will be corrected.

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This is unquestionably a reproduction of a hand drawn piece of artwork by David Gonzales. While you are within your rights to make a repro of just about anything for your own satisfaction, it will be best not to distribute digital files of the original using the Inventables forum, mail or messaging system.

Fair Use and Copyright may be a great topic to explore in another thread. It is something that will become more of an issue with the rise of consumer level CNC and 3D printing.

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Hey @JDM, I just read back the thread and the original poster never says anything about selling the file or carvings of it. He also states that he did not make the original image. Inventables is fine here in my opinion and in the opinion of my attorney wife. I understand the C.Y.A. if you removed it from the site, but doesn’t that set a president? Heck just today our own @PhilJohnson shared a file that shows versions of a Disney property that neither he nor the original poster of that thread created… slippery slope is all I am saying. People know if they sell something that is copywritten that is bad. If they choose to do it… it is on them. My car can far exceed the speed limit but I don’t go to the grocery store at 100mph because I cant afford the ticket.

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On top of the fact that he contradicts himself in his own post. For some reason he doesn’t like what someone else is doing, but when he does it, it’s okay. I have a very low tolerance for hypocrisy, especially when it start to impact my favorite forum. I believe he even gave credit to the original artist with a link. I don’t know how much more above board we can be on here. If you took away all of the Disney properties (Disney, Star Wars, Marvel, etc.) off this site, there would be pretty slim pickings.

My buddy Bill at Punished Props did an interesting video on this:

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This is not the issue at hand.

If you take someone’s wallet, I cannot come and take that wallet from you and not be held responsible just because you did it first.

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Please read my posts and if you have a suggestion for clarifying or rewording, I’ll happily take note.

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Hey @JDM, I totally understand what you’re saying. I’m just saying we can’t avoid Disney properties like the plague. It’s not our fault they’re buying everything up…There are all kinds of science fiction books that are based on huge, globe-spanning, corporate conglomerates and the evil they do (e.g. Frozen). :wink:

Let it go…

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There seems to be a lot of confusion as to what the facts are. Here’s my take:

  • this is undoubtedly the work of David Gonzalez. He posted the design process on his site with pictures of the original pencil drawings.
  • Whether or not he has an agreement with Disney is irrelevant to us. Since no one checked, we should assume he does, even when we suspect he doesn’t. And as a general rule of thumb: pointing out the hypocrisy of a situation doesn’t make our case legitimate.
  • The file has been sold over Etsy and Ebay, which has already been brought up on the forum.
    Link: Interesting variation on Aztec calendar - #22 by AllenMassey (not sure if this is the same guy as the OP, might well be not him)
    Both have been removed, as was the thingiverse one. Link: https://www.thingiverse.com/thing:2452217
    I think we all know that selling it is taking it one step too far. I believe in fair use, but selling someone elses design is a no-go. Even when giving credit, as long as you don’t have permission of the original creator you just don’t do it. I see people smirking at this notion, but I’d love to see their reaction if it were the other way around.
    Sharing is another matter though. I was initially hesitant to share my copy, but ended up doing it since the cat was already out of the bag. I understand Inventables’ policy of not wanting those files on their servers (This has also been somewhat discussed here: https://discuss.inventables.com/t/file-sharing/41129/26). But hosting them on my personal server, I feel like I should be allowed to link to it without getting Inventables in legal grey areas.

As for the argument of David Gonzalez losing income. He got massive exposure since those files got shared on all kinds of forums, facebook and google groups, pinterest, etc. I suspect traffic to his website exploded the last few months. So I think this is one of those cases that our sharing of the files is actually making him money in the long run.

At least, that’s what I tell myself when I go to sleep at night…

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You are pretty much on track up to this point. From a legal standpoint, Inventables cannot host links to files of copyrighted or trademarked material.

I tried to be very specific in my posts above. No one is suggesting that people cannot make things for their own use and post pictures of their work.

Some people think sharing files is a grey area. It is not.

Think of .mp3 and movies. Even if you did the work and recorded them, they are a facsimile.

I’m not trying to be a jerk here. I’m not giving an opinion or blowing hot air.

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Hopefully with the increase traffic to your site will generate an increase in sales in the future. Traffic count builds awareness. The more that people see your site and talk about it will help sales. Good luck with your venture

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Guess I was wrong then. :relaxed: But I don’t think anyone thinks you’re being a jerk. It’s good to get clarity on the matter.

I stand by my statement that it MAY benefit him in the long run. But you are right that doesn’t justify ‘stealing’ his work.
Oh well we all need to be naughty sometimes. As long as it is for personal use I can live with myself. :yum:

well this is interesting, 1 i have never sold this design(and I believe suggesting I have is slander), 2 it is heavily modified, 3 I have had contact with the creator David Gonzalez and although to start with he was not thrilled with the file being out there he did say he is ok with fan art, 4 I have not posted this file all over the internet, I posted to a couple of facebook groups and here, 5 I am not the first to make a file of this, but the file has gone viral as it is a lot better quality then what had been around previously. this is not copyright, maybe do some research before carrying on about things you know nothing about Takitus, ps if you ever owned a VHS and recorded anything offf the TV well then technically you are in breach of copyright, better go hand ya self in lol

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Please refer to my posts above. A copyright claim was made.

I clearly stated that you were allowed to recreate something for your own use and post photos.

I requested files not be distributed through the forum and messaging system.

The poster making the claim has been warned to discontinue posting links to eBay listings and using this forum to make claims against sales out of our control.