onecase

Fraud MOC sellers.

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This is a difficult subject. I've had designs I've done used by a client that didn't pay for them so I know how annoying or difficult it can be.

There are so many variables in this that it's almost hard to keep track. Nobody but Disney own the rights to use those likenesses or even the names of the vessels etc that are MOC'd... so technically you can't use them to sell something. Lego also don't have patents on most of their bricks or parts anymore so they can be copied and not considered a knock-off as it's about as much fair use as people saying they can copy and sell an AT-AT MOC is fair use.

I've always felt that MOCing was it's own reward. You've created something and you're proud of it. Now how do you show it? Just pictures? Show it at an exhibition? Do you even make instructions? I know some people don't.

If people then go to the trouble of making instructions and having them ready to sell then it's moving on from just being a MOC created for the builder's own pleasure to something else entirely... it's a commercial venture. And if you don't own the rights to any of the names or likenesses then why would you feel it's OK for you to sell it? Because of scale? Selling a few of them would be OK but if someone sold more then that would become an issue? It's all down to how tightly the rights holder wants to keep control. Selling one may be too much to them.

With regards to fair use I can see why having images on something like Deviantart is one thing but if you then started selling those then the rights holder may have an issue.

It also doesn't matter what platform things are sold on. Even on eBay it can take time for something to be removed even if it's reported multiple times.. and it's not always a guarantee. Amazon is also just used as a vehicle for people to have their own marketplace. Same as Etsy. So this isn't a Chinese issue. China's issues with IP and copyright law are well known even going as far as having Chinese brands essentially copying well known Western vehicles like the BMW X5 but with a different badge on it, so a company selling instructions and bricks to a small Lego type set isn't going to register.

I'd take it as a compliment.

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