Another copyright question

[scarface]

Hey, i have a client wanting a themed show car. Now he wants to do a arcade game as his theme for car shows for his show car. I have the EPS files of the games but am a bit worried about not doing things by the book since they are famous games.

How could i besides not doing the job at all, waive any issues down the road with me doing this job with these files? Have the customer sign a waiver stating i have no permission to use these and it's a use at your own risk case or what?

Thanks!

 

[Fred Weiss]

My OPINION is that the only way you could protect yourself is if the client represents to you that he is authorized to use the artwork and supplies the artwork to you. It's hard to say no on this kind of thing but sometimes that's what you have to do. I have many times ... even with neighbors.

 

[scarface]

I called Nintendo and Capcom and Nintendo's PR dept is closed until the 5th and Capcom was currently closed when i called. Hopefully i can explain the situation to them and get permission since i'm not mass producing them or anything.

I just hope they appreciate my call that i'm trying to ask permission rather than doing it the old fashioned way with winging it and hoping not to upset anyone.

 

[Fred Weiss]

I'll be surprised if they return your call.

 

[scarface]

I'll be surprised if they return your call.

Well i haven't talked to anyone yet. All i did was call Nintendo and their automated system said closed til the 5th and the other companies automated system said we are closed until 9am tomorrow.

 

[Fred Weiss]

Well i haven't talked to anyone yet. All i did was call Nintendo and their automated system said closed til the 5th and the other companies automated system said we are closed until 9am tomorrow.

I once sent letters to just under 400 major franchises seeking a reply to a plan for controlled distribution of their official logos and other marks. Kind of a clearinghouse putting legitimate producers in an authorized path to get both logos and specifications. Guess how many replies I received.

 

[iSign]

one?

 

[scarface]

lol

we'll see what happens. I'll call Capcom tomorrow and talk to the PR dept. I'm only doing 4 prints, 2 on each side of the vehicle so hopefully they will understand and not want anything crazy for me to be able to use these legally for this project only.

 

[Ken]

Just do it...the most you will get is a cease and desist request.
Ken

 

[high impact]

lol

we'll see what happens. I'll call Capcom tomorrow and talk to the PR dept. I'm only doing 4 prints, 2 on each side of the vehicle so hopefully they will understand and not want anything crazy for me to be able to use these legally for this project only.

They WILL want something crazy...if you get to the right person at all without submitting in writing.

 

[ProWraps™]

Just do it...the most you will get is a cease and desist request.
Ken

and dont post pics of it here...

 

[scarface]

Well should i make the client sign a waiver that i have no permission from the respected creater of the cartoon characters and they are aware they are doing this at their own risk?

 

[Custom Bob]

Unless a picture makes a National magazine, I doubt the company will ever see it.
I'd just do the job, get paid and run like hell. LOL

 

[Ken]

Yes.( the waiver)
Ken

 

[high impact]

I have the waiver built into my contracts but I don't think it'd hold water...I wouldn't hold my breath. I wouldn't do it either.

 

[ProWraps™]

your first mistake was already made... see post #1. its one of those things. if you dont feel right about it, dont do it. otherwise do what you need to do. loose lips sink ships.

ps, im not an attorney and dont provide legal advice. only common sense.

 

[Rick]

So stealing is okay as long as you do not get caught. It was brought to my attention a few months ago that having a client sign off on a release of liability may make matters worse, as you knew it was wrong to do it. The safest and only answer to give is get permission or do not do it. Last thing I would say is go ahead and steal or put your business in any kind of position to lose money no matter how remote the possibility is.

 

[Ken]

Let's say you were contracted to replicate the $100 bill for a client..they supplied the artwork and media...would you do it?
He ...he...

 

[Fred Weiss]

one?

You guessed it.

 

[scarface]

Well i mean, i think i'm 100% correct in doing this job ONLY if i can get permission from the creater.