Jump to content
rick1776

Greedy Mr Skaife & Mr Tander

Recommended Posts

Also strictly speaking every sponsor on the car in question needs to be contacted and permission sought. He said, are you willing to make the car without seeking permission from every concerned party? If any one objects and issues an injunction youre as good as dead unless you want to go to court. As much as Id like to see an X9X or Cobra built Im not about to be out of pocket 10s of thousands.

 

Rick,

 

Out of curiousity, how do people like Patto's place (and the million of other small time decal producers) get away with producing and selling replica decals? Perhaps another person to call and see their views?

 

Cheers

 

Richard

 

How do they get away with it? Dodging a bullet springs to mind. All it takes is one party to take exception & Patto would be out of business quick smart.

 

I had a photographer on my forum who was selling images from V8 events that he had taken, had gotten printed & signed (He had done all the work thus far) on ebay. He wa approached by the AVESCO (or what ever they are called now) & told to cease & desist or expect to be hearing from their lawyers.

 

Yes, you might get away with it, but dont think that it doesn't happen

 

Hi Rick,

 

Interesting; I would have thought the profit to be made from a 1500 run 'Limited Edition' slot car would be small enough that they wouldn't bother firing up the suits - or I guess you could do what Patto does, instead of selling a "Holden V8", sell a "Hldn V8" :)

 

Your photographer friend may have also been in the right; depending on the types of photos (ie cars or drivers) - if it was the cars he would need prior permission from the Team/Team Sponsor; if it was the driver he would need a 'model release form', which basically allows a photographer to take a photo of a person. However the fact that he was getting the prints signed could be interpreted as a validation and waive the requirement for permission from the Team or Driver. Depending on whether the main sponsers of the race (AVESCO, I presume) had notification that photographs of the event were *NOT* to be taken, or some wording to the effect that no profit could be made from photographs, then your friend would have a pretty good leg to stand on, if a court case ever ensued. But anyhow, that's all another topic (and as a keen amatuer photographer, I have an interest in these things :lol:).

 

Cheers

 

Richard

Share this post


Link to post
Share on other sites
Also strictly speaking every sponsor on the car in question needs to be contacted and permission sought. He said, are you willing to make the car without seeking permission from every concerned party? If any one objects and issues an injunction youre as good as dead unless you want to go to court. As much as Id like to see an X9X or Cobra built Im not about to be out of pocket 10s of thousands.

 

Rick,

 

Out of curiousity, how do people like Patto's place (and the million of other small time decal producers) get away with producing and selling replica decals? Perhaps another person to call and see their views?

 

Cheers

 

Richard

 

How do they get away with it? Dodging a bullet springs to mind. All it takes is one party to take exception & Patto would be out of business quick smart.

 

I had a photographer on my forum who was selling images from V8 events that he had taken, had gotten printed & signed (He had done all the work thus far) on ebay. He wa approached by the AVESCO (or what ever they are called now) & told to cease & desist or expect to be hearing from their lawyers.

 

Yes, you might get away with it, but dont think that it doesn't happen

 

Hi Rick,

 

Interesting; I would have thought the profit to be made from a 1500 run 'Limited Edition' slot car would be small enough that they wouldn't bother firing up the suits - or I guess you could do what Patto does, instead of selling a "Holden V8", sell a "Hldn V8" :)

 

Your photographer friend may have also been in the right; depending on the types of photos (ie cars or drivers) - if it was the cars he would need prior permission from the Team/Team Sponsor; if it was the driver he would need a 'model release form', which basically allows a photographer to take a photo of a person. However the fact that he was getting the prints signed could be interpreted as a validation and waive the requirement for permission from the Team or Driver. Depending on whether the main sponsers of the race (AVESCO, I presume) had notification that photographs of the event were *NOT* to be taken, or some wording to the effect that no profit could be made from photographs, then your friend would have a pretty good leg to stand on, if a court case ever ensued. But anyhow, that's all another topic (and as a keen amatuer photographer, I have an interest in these things :lol:).

 

Cheers

 

Richard

 

 

I see your points...but it all depends on how much money they want to spend on Suits. Sometimes these organisations do take the stance of crush at all costs...becuase they can.


south_1.jpg

Catchfence.jpg

Share this post


Link to post
Share on other sites

Hi Guys,

 

I have read this thread with great interest, and I really applaud everyones enthusiasm!

I work in the automotive industry, and have some experience with licensing agreements with manufacturers, in my opinion this component will probably be the most difficult and expensive area, as there will be agreements not only with the manufacturers, drivers and sponsors and to do this you will unfortunately have to deal with lawyers to handle document preparation and copyright check etc. I would strongly encourage you not to take the "under the radar" approach as this road is a very expensive one if it all goes wrong. As PhilR said above, a detailed and extensive business plan will be a must to get to the table.

A suggestion that I have, is to do something along the lines of a 2 release per year, i.e. 2 current touring cars this year, 2 historic touring cars next year or something like that..

 

Any way, good luck and I look forward to purchasing some of these in the future!

 

Cheers,

 

Steve


"Brakes? they are the enemy of speed" Juha Kankunen

 

Martini Racing

 

Cars For Sale

Share this post


Link to post
Share on other sites

To give you an idea of how big players play hard ball.... The chief scientist I work under basically invented the soft disposable contact lens. He was working for a Swiss multinational. They filed a patent. Two months later a big American multimational tried to file a patent for the same invention. Both camps were working on the same invention but Aussie knowhow won. Bad luck sorry but this Australian scientist has already invented it, cant grant you a patent. That was 10 years ago. These two multinationals have been in litigation ever since at a cost of wait for it....100M per year. Lawyers are laughing all the way to the bank. Why spend 100M per year? Because the contact lens market is worth 2 Billion per year. 100M is loose pocket change for these guys.

 

So attempting to fly under the radar is all well and good, however if anyone that is making money out of model cars gets annoyed and litigates youre as good as dead...even if youre in the right...youre as good as dead. Whoever has the most money will win. So unless you have the blessing of all interested parties IN WRITING.. I wouldnt be sinking in any money.

 

I'll see if I can get hold of and talk to some of the less high profile drivers of the 70s. Grice, Morris, Carter, Goss? Maybe they are more reasonable??

 

Trouble is, am I going to be able to shift 500-1000 Murray Carter XC Falcons to break even? Hmmm...

 

cheers

rick1776


cheers

rick1776

Share this post


Link to post
Share on other sites

OK things are changing almost by the hour. Amazing what a few phone calls can reveal. Lets say that Im all but dead in the water with this project.

 

Shame on you Vinno for not telling me what you knew. You made me find out the hard way. Cross fingers lets hope it all goes to plan.

 

cheers

rick1776


cheers

rick1776

Share this post


Link to post
Share on other sites
Trouble is, am I going to be able to shift 500-1000 Murray Carter XC Falcons to break even? Hmmm...

 

Good luck and hope it gets of the ground but I think you are right with trying to shift 500-1000 of any individual livery will be a struggle. Maybe consider just a plain white car for people to make up themselves after all there are some very nice XW and XY GT's and they are sold as a body.

 

I only heard this so it might not be true but if it is then even Patto is not that far under the radar. He may have had decals for the HRT VR/VS commodore and was asked to stop.

 

A few years back the Australian Scalextric club got a limited run of 250 TVR's made by Scalextric with help from Southern Models. Maybe something similar could be organized using the current V8's, maybe plain white with AUSLOT on the rear wing and doors, easy repaint.


"If you tell a lie big enough and keep repeating it people will eventually come to believe it." Joseph Goebbels

1984 was a warning, not an instruction manual.

Share this post


Link to post
Share on other sites
OK things are changing almost by the hour. Amazing what a few phone calls can reveal. Lets say that Im all but dead in the water with this project.

 

Shame on you Vinno for not telling me what you knew. You made me find out the hard way. Cross fingers lets hope it all goes to plan.

 

cheers

rick1776

 

Sorry Rick but nothing was for sure at the time and not even one particular car was mentioned. You probably know more than me now. I was allowed to bring it up on the forum but as usually happens things drag on longer than expected and a tidbit for "later in the year" turns into "in later years". You know how it is, you have to show you are trustworthy and I don't want to be the one to jeapardise a potential release.

 

When we spoke to Maurizio a couple of weeks ago he gave a bit of insite into why it is smart to play your cards close to your chest. Look at the Fly F40 Ferrari which has gazumped the Slot.it version. A Titop F40 will be released by Fly soon and there is no doubt them knowing Slot.it would do it soon may have prompted Fly to do it first. Still Slot.it is a better product and quite a bit cheaper so I will wait.

 

That is one reason he doesn't announce new models too soon.

Share this post


Link to post
Share on other sites

You are right about Patto,he was asked to stop producing Holden decals some years ago. He removed them from his site at the time, and tried to obtain some licencing BUT I don't think he ever got any responce on the issue.

 

You will notice that very few of his decals have the full name in the listings!

 

Phil


Phil

 

Hobart Miniature Car Club

 

Tassie Resins

 

Email

 

 

 

 

 

 

Logos%2016_17.small_zpswkcwjf0q.jpg

Share this post


Link to post
Share on other sites

The best advice I’ve seen when you’re considering using someone else’s IP is that it’s better to ask first rather than beg forgiveness afterwards.

 

The thing is, other people’s property is theirs to do with as they please. If they want to be all dog-in-the-manger about it, they have every right to be.

 

And that’s where the Thingy :lol: enthusiasts have it made. If we were to do something similar and introduce a race series that used generic-ish sedan bodies (something a bit like the Ausssie Racers) and fanciful liveries (think of the possibilities), there’d be no IP issues at all.

 

The IP in the appearance of the original car would, I believe, be covered by registered designs and they have a five-year life (but can be renewed) so basing the design on older cars should be safe. The liveries would, I suspect, be copyright and copyright lasts for seventy years or more.

 

I, for one, wouldn’t mind racing a good looking car of indeterminate parentage with a fantasy livery. I can’t see the fact that it wasn’t an exact replica of a real car, driver and livery taking too much away from the fun.

 

It might even make for greater enjoyment. If I could walk into Phil’s shop (after driving for five hours, granted) buy a Slot.It HRS chassis (already got one so there’s a saving), a body, a few sheets of stickers (Peniston Oils and Larsens Biscuits from the Top Gear 24 hr BMW spring to mind) and a Ninco (or Scorpius) chip and go racing, I’d be more than happy.


Cheers,

Charles

 

"all I want for my birthdy is another birthdy" Ian Dury...bless 'im.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.


×
×
  • Create New...