Unauthorized selling of instructions for MOCs

[Sven J]

Dear fellow LEGO train fans,

Recently I accidentally found that someone – a registered EB member btw –  is not only presenting two of my locomotive MOCs on his Youtube channel, but also offering instructions (which he extracted from my publicly available LDD files) for sale.
I contacted this guy and told him that I don’t approve people taking other people’s intellectual property for commercial purposes without even asking. In his reply, he promised not to sell instructions for my models any more. Well, in fact he also promised to credit me by adding links to my original Eurobricks threads to his videos, which until now he hasn’t.
Anyway, that case might only be the tip of the iceberg, and I have better things to do than search the internet for unauthorized use of my lxf files (build new models, for example).
So please understand that I deleted all LDD files from my Bricksafe folders.
Nevertheless, I’d still be happy to share them with interested AFOLs for their private use; in case you’d like to have a file, just drop me a PM.

What is your opinion on other people using your models commercially?

Kind regards,
Sven

[JEB314 (James)]

Hi @Tenderlok,

Thats terrible, I didn't expect anyone to stoop that low as to claim it was their own, I've seen people sell other peoples moc files before though. Annoys me immensely...

Thats one of the reasons why I've become apprehensive to share some of the files I've created in Stud.io and other softwares. Most have taken many, many hours to design and perfect, but I can't yet afford to build them, so I'm just keeping them to myself.

Really is such a shame, I expected better from a community like ours...

Also a shame that its probably going to lead to less people sharing their design files... I love looking and learning new things as well!

 

I think @Cale and @Glenn Holland of BMR have got the right idea, keeping their instructions paper based so it is a lot harder for people to steal their outstanding designs...

Though even with the Boxcar design, I've seen people almost rip-off the design and sell it a couple of times as brick built models on eBay, but listed in rather weird way so that it won't get picked up unless you often search for spelling mistakes, etc... (Unfortunately it was a while ago and I can't seem to find the actual listings now... Should've reported it to them at the time, it wasn't until some time later that I read on the BMR site that you weren't allowed to.)

 

[MOMAtteo79]

too bad... at least it wasn't stolen by some china company

[Sven J]

Hi @JEB314 (James),

He's careful enough not to claim they were his own design. But the only short credit is "hidden" in the opening titles of his video, and other users' comments let me think that many of them don't realize that he actually took other people's work (not only mine, tons of other MOCs as well).

Agree with every word you say! But it's really a pity that we won't see your creations just because of people like that.

Edited May 23, 2018 by Tenderlok

[JEB314 (James)]

Just now, Tenderlok said:

Hi @JEB314 (James),

he's careful enough not to claim they were his own design. But the only short credit is "hidden" in the opening title of his video, and other users' comments let me think that many of them don't realize that he actually took other people's work (not only mine, tons of other MOCs as well).

Agree with every word you say!

The problem (if it would be called that) is a lot of people watching Lego videos on Youtube are quite young and don't even know of sites like Eurobricks, Flickr, Bricksafe, etc... Therefore they wouldn't realise the designs didn't belong to the content creator...

They probably think this guy is a Lego designing genius!

Out of interest, what kind of views has this terrible person made from these videos?

If you have rights on your designs, you could in fact copyright strike his channel and cause him a headache!

Do you know of any of the other designers he has stolen off? If you contact them and get them reporting him too, then ultimately Youtube could remove offending videos and/or demonitize his channel, cutting a revenue stream and make him consider his actions...

(I know quite a lot about Youtube as I'm a moderator, advisor and promoter for multiple channels and networks... If you'd like specific advice on the matter in question, I'd be happy to help or direct you to useful information!)

29 minutes ago, MOMAtteo79 said:

too bad... at least it wasn't stolen by some china company

Very good point, if that had been the case it really would be tough to do anything about it.

It's happened before though! The company of zero morals (Lepin) has done that with individual's designs off Lego Idea's for instance...

[Sven J]

2 hours ago, JEB314 (James) said:

Out of interest, what kind of views has this terrible person made from these videos?

I'm sorry, but I don't really understand what you mean by that.

2 hours ago, JEB314 (James) said:

Do you know of any of the other designers he has stolen off? If you contact them and get them reporting him too, then ultimately Youtube could remove offending videos and/or demonitize his channel, cutting a revenue stream and make him consider his actions...
(I know quite a lot about Youtube as I'm a moderator, advisor and promoter for multiple channels and networks... If you'd like specific advice on the matter in question, I'd be happy to help or direct you to useful information!)

That's very kind. However, there's one problem: He actually invites MOCcers to submit him their creations, so that he can feature them. So it's impossible for me to judge which MOCs he presents in a legal way and which he does not. And for my two models "only", I don't want to make too much fuss.

I don't want to link to his channel here, but if you search on Youtube for "Lego Bulgarian steam", you'll find my two videos first and then his "instructions".

Remark: Videos have been deleted, you don't need to search for them any more.

Edited May 23, 2018 by Tenderlok
Added remark

[JEB314 (James)]

@Tenderlok

Oh wow...

Its him...

I'm going to deal with this for you...

That is outrageous...

[supertruper1988]

I see stuff from @Murdoch17 and @sed6 on this channel as well. 

There is also a lot of older LDD Gallery items on here. 

Also @imvanya is in here. 

Oh and @ryantaggart's wonderful Modular Contruction site is on there. 

We should report these videos and if it is your MOC then submit a DCMA take down notice. 

Edited May 23, 2018 by supertruper1988

[JEB314 (James)]

@Tenderlok Your 2 videos have been dealt with...

If anyone else has particular issues they would like addressing regarding this type of thing, please don't hesitate to ask me...

Regards,

James

[Jimbricked]

I will be posting an explanation video about all of this soon! :)

[Sven J]

3 minutes ago, JEB314 (James) said:

@Tenderlok Your 2 videos have been dealt with...

Thanks James!

[BrickMusher]

Hmm, when searching on YT as been instructed above, I will find a British AFOL at third place. Don´t think thats the right one?!? Just to be sure that not the wrong guy will be find guilty by readers that will come after us....

 

Despite that, I really agree that behaviour like this is not very gentlemanlike.

On the other hand, I dont understand why somebody buys Lego-Instructions at all? For me, it is always more fun to find an own way by photos than to build from instructions?!?

 

Anyway, really sorry to hear that. I remember a similar issue in a german forum where somebody sold not-his-own-creation-instructions on ebay a while ago..... no idea how this ended...

 

[JEB314 (James)]

2 hours ago, Tenderlok said:

But it's really a pity that we won't see your creations just because of people like that.

You will in the future! But only in brick built form, and thats down to me having the funds to do so!

My first one I intend to post: 

"60154 + 4564 = 37?" is coming soon! 

All will become clear when I post it!

1 minute ago, BrickMusher said:

Hmm, when searching on YT as been instructed above, I will find a British AFOL at third place. Don´t think thats the right one?!? Just to be sure that not the wrong guy will be find guilty by readers that will come after us....

Despite that, I really agree that behaviour like this is not very gentlemanlike.

You shouldn't actually be able to find the videos in question now as they have been deleted by the individual.

[Sven J]

11 minutes ago, BrickMusher said:

Hmm, when searching on YT as been instructed above, I will find a British AFOL at third place. Don´t think thats the right one?!? Just to be sure that not the wrong guy will be find guilty by readers that will come after us...

You're absolutely right. Thanks to James, the videos in question have been deleted. I added a remark in this respect to my post above.
Edit: Ooops, James was quicker...

10 minutes ago, JEB314 (James) said:

My first one I intend to post: 

"60154 + 4564 = 37?" is coming soon! 

All will become clear when I post it!

Sound interesting, but completely enigmatic...

Edited May 23, 2018 by Tenderlok

[BrickMusher]

Thank you both for clarification. Don´t want to see a witch-hunt heading to the wrong people.

But how can I figure out now who it was and what other AFOL´s work is also affected?

[Carefree_Dude]

This theft of intellectual property makes me so angry. MOCers work so hard on these, nobody else has any right to profit off these. 

1 hour ago, BrickMusher said:

Hmm, when searching on YT as been instructed above, I will find a British AFOL at third place. Don´t think thats the right one?!? Just to be sure that not the wrong guy will be find guilty by readers that will come after us....

 

Despite that, I really agree that behaviour like this is not very gentlemanlike.

On the other hand, I dont understand why somebody buys Lego-Instructions at all? For me, it is always more fun to find an own way by photos than to build from instructions?!?

 

Anyway, really sorry to hear that. I remember a similar issue in a german forum where somebody sold not-his-own-creation-instructions on ebay a while ago..... no idea how this ended...

 

Usually I don't buy instructions, but another AFOL made some amazing train cars for the christmas train and I really wanted to make some of my own, as well as support the guy who came up with the idea. I mean, a hot coco train car is something I never would have imagined on my own

[HoMa]

@Tenderlok, I am sorry to hear that you also became a victim of unfair AFOL behaviour. For many years I refused to publish instructions of my MOCs for this reason. Some troll wakes up every day, builds the model using my instructions and trying to make money out of it.

The dutch website https://habricks.com/nl/ (review in German on promobricks) offers a BR 80 which shows many details which are build the same way as my (previous released) BR 80. I was never asked nor I get any cents compensation for every model HA bricks sells.

While working on my LEGO Train book I decided to go depper into building instructions and several instructions are published printed in the book. As little extra, I offer two PDF instructions for BR 80 and BR 10 for free on my website. Yes, my own risk, even my disclaimer that it is not allowed to rebuild and sell the modell does stop the trolls.

My disclaimer:

Building and selling my models
My building instructions are available for free. Building these models is only allowed for personal use. Building these models with the purpose of selling them and make your own profit is prohibited.

Recently someone on kleinanzeigen.ebay.de offered the brown Crocodile as brick-build model, no instructions, unique and expensive elements replaced by cheaper alternatives for 450 €. At least my nickname was mentioned in the description text. But again, I was not asked and I replyed asking how much of the 450 € I will receive as compansation? Plus I informed kleinanzeigen.ebay.de and they removed the offer over night.

As far as I know, there is no intellectual property (IP) protection for LEGO MOCs as we build them. It would cost us a few hundreds of Euro to register a "Gebrauchsmuster" at a nearby lawer. And even then, we need to know that a troll is trying to make money with other people's creativity and we must take action against such behaviour. I do not see all such cases and I do not have the time to take action against it. If I discover something like this, I will contact the troll asking for 60-80% of the price as compensation ... but in the end I can not stop such unfair, egoistic, profit-oriented behaviour.

Good thing is, that the great majority of LEGO fans and AFOLs is not like this and that there is a lot of respect both online and in real life for each others MOCs and the creator behind it. Sad that the black sheeps are so prominent.

Best regards,
Holger

 

[BrickMusher]

17 minutes ago, Goldenmasamune said:

hot coco train

did a picture-search on it, didn´t exspect what I fund..... (dont do if you´re under 18  )

 

Okay, I got your point. Have some "replics" on my own. But I have not shown them yet in public since I dont know whom to credit for the original construction....

So even when a Moccer did not come up with instructions or LDD.files, I think it´s just fair to give him credit if you copy.

 

Make some profit on others work, indeed, is an absolut no-go! I think we all agree on that!

[Carefree_Dude]

Just now, BrickMusher said:

did a picture-search on it, didn´t exspect what I fund..... (dont do if you´re under 18  )

 

Okay, I got your point. Have some "replics" on my own. But I have not shown them yet in public since I dont know whom to credit for the original construction....

So even when a Moccer did not come up with instructions or LDD.files, I think it´s just fair to give him credit if you copy.

 

Make some profit on others work, indeed, is an absolut no-go! I think we all agree on that!

I think this is what you were looking for 
 

Ultimately I didn't directly copy his designs, I used his designs to inspire my own creations. 

[Sven J]

3 hours ago, BrickMusher said:

But how can I figure out now who it was and what other AFOL´s work is also affected?

Just look out for the guy who announced an explanation some posts above...

@BrickMusher and @Goldenmasamune, I've absolutely no problem with AFOLs taking my models as an inspiration, or even accurately copying them for their private pleasure - that's why I had published the lxf files. In fact, recently I had a long and cordial email conversation with someone who wanted to recreate one of my models, and sought for some advice.
But as you said, the crucial point is when someone tries to make financial profit from other people's efforts.
Even if there is a legal grey area, as Holger pointed out, it's simply bad manners.

2 hours ago, HoMa said:

Good thing is, that the great majority of LEGO fans and AFOLs is not like this and that there is a lot of respect both online and in real life for each others MOCs and the creator behind it. Sad that the black sheeps are so prominent.

So true, every word.

Edited May 23, 2018 by Tenderlok

[ElectroDiva]

3 hours ago, Jimbricked said:

I will be posting an explanation video about all of this soon! :)

How about you explain it to your fellow EB forum members on here first?

 

I can’t imagine what legitimate reason you could have had..

[JEB314 (James)]

6 minutes ago, ElectroDiva said:

How about you explain it to your fellow EB forum members on here first?

 

I can’t imagine what legitimate reason you could have had..

I've been doing a considerable amount of research and there are grounds, if each original designer of each creation wishes it, for a whole raft of videos to be removed...

I'm currently doing analysis into the original owners of a vast swathe of his 'content'.

@Jimbricked This will be resolved...

And this is not the way to be going about it:

(I am subscribed to keep an eye...)

As for your previous post that appeared and then was deleted, I find this wholly unacceptable and not good enough:

This is not a witch hunt, this is happening because of an inability to ask for permission to use something created by someone else, and then also having the cheak to profiteer and sell these designs...

If I really have to spell out the legal framework for doing this, I will, it largely revolves around the 'end user licence agreement' for the softwares used in brick based design...

I recommend you look at the possible consequences, as I am now decidedly 'genned up' on how to go about this.

Permission is everything, 'fair use' doesn't come in to this due to the commercial gain from sale of material...

Regards,

James

(If anyone has a problem with this approach I am prepared to take, message me privately.)

[Carefree_Dude]

It is amusing how he is only addressing not giving credit, as opposed to addressing the fact he is selling other people's work. 

[supertruper1988]

38 minutes ago, Goldenmasamune said:

It is amusing how he is only addressing not giving credit, as opposed to addressing the fact he is selling other people's work. 

This is the issue for sure. 

[JEB314 (James)]

I would like to update you that action is being taken, and this is being handled in the right way.

I would also like to thank Jim for his cooperation in a strategy to deal with this.

James