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Legal advice regarding licensing.

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Tuah

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PostPosted: Sat Jul 12, 2008 7:44 pm


(Cross-posted from Life Issues, where it got no posts.)

This is the best forum I could think to put this topic in. Sorry if it's not the right one.


So I just sought a license for use of a large company's intellectual property. They are unable to give me a definite answer, but did say that it may be possible to use it without licensing.

The said product I wish to reproduce is no longer in production by the original partner company which does not own the intellectual property, and was originally made as a bit of a promotional gimmick. They are toys which are no longer sold, and have not been for several years. There are no plans to continue the line in the future. The company no longer makes any profit what-so-ever from the toys, and they no longer have the license to make them.

The manufacturing and sale of the said toys would be a very small-scale reproduction of the original toys with minor alterations. The sale of these would boost the popularity and possibly the sale of an upcomming product from the owners of the intellectual property. My goals in making the toys is simply to increase the popularity of the product series, and also make enough money to continue the said production.



Is there any way I could do this without a license, or would it be absolutely neccisary to get one?

In Japan, where the company is based, certain laws allow for the use of intellectual property for one's own personal profit, given that it does not harm the owners of the intellectual property. These toys would, in fact, help the owners.
Does this have any effect?



I'm also considering a course of production completely disregarding a license, then saving all the money made in one specific collection. If the company did find out and were angry about it, I could use the story that I did it for the attention. And since I would have the attention, I would then request a license again. If I achieved a license, I would give the company part of the profits. If I still didn't, I would give them everything I made.
PostPosted: Sat Jul 12, 2008 8:41 pm


Technically you don't need the licensing for the said item.
However what you do need is at least the respected rights from the owners.
Due to the fact that you could face major legal liabilities if the creators decided to sue for the money. However if you make particular alterations in which you could simply be creating a new toy design in itself instead of basing it off of the original.

But it truly relies on what the creators want to do with the intellectual property.

Fortunately they might simply give you the rights and strike up a deal dealing with the profit.

Khenan
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Tuah

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PostPosted: Sat Jul 12, 2008 9:22 pm


Khenan
Technically you don't need the licensing for the said item.
However what you do need is at least the respected rights from the owners.
Due to the fact that you could face major legal liabilities if the creators decided to sue for the money. However if you make particular alterations in which you could simply be creating a new toy design in itself instead of basing it off of the original.

But it truly relies on what the creators want to do with the intellectual property.

Fortunately they might simply give you the rights and strike up a deal dealing with the profit.


The toys themselves cannot be altered at all. They are effectively perfect, and any toys that are made would be exactly as they were produced by the partner company. However, I would also include extra things not made in that line.

I'm sure that if they knew about this idea, (since it gives them free money and requires no input from them) they would definitely support it. It provides several benefits aside from any money they would be making with it if there were a license.
The problem is that I cannot contact them at all because they get many superfluous intellectual property requests, and can't possibly review all requests.

What do you mean by respected rights though?
PostPosted: Sun Jul 13, 2008 6:42 pm


You can basically gain their permission or the copyright to continue the line

and choose what to do and what not to do with the toys. Gaining the rights

from the owners can be given, bought, or forcibly taken by legal means.

However you do not have the time and truthful and legal rights to gain the

item (Simplified they have the right to prevent others from using the ideas by

challenging them in court.) So you can request to gain the rights from

the owners so that you may do whatever you please with the item unless they

decide it goes against their overall ideal of the toy line and business. Unless

you obtain all the rights of the toy then you can do whatever you wish with it.

Khenan
Captain

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