http://www.stuff.co.nz/entertainment/film/5352548/Man-wins-fight-to-make-Stormtrooper-helmets
Dismissed case, this is.
Dismissed case, this is.
George Lucas loses court case over Stormtrooper helmets
- Thread starter Candlelight
- Start date
How is this not infringing on Lucas's copyright? The design belongs to Lucasfilms.
Well, he designed them and made the helmets for the film.
I'm no expert on British copyright law or copyright law period but generally doesn't it favour the rights of a creator a little more than the American?
No the point is that the judge is an idiot who made an idiotic ruling. I bet he thinks SW is for geeks.
It belongs in a museum! [/Indy]
How does that have any impact on his ruling over copyright law?
What BS. If the helmets were merely "utilitarian items," nobody would be fighting over them. 
The prop designer did a job for pay. His work belongs to the guy who paid him. If he didn't like that arrangement, he shouldn't have taken Lucas' money. He should have kept his cool helmets for himself but of course in that case, they would have no value and nobody would be fighting over them. The only reason the guy can make money off the helmets is because they were made famous by Star Wars. So how exactly does he have the right to profit from them? Let's see him create some original, non-Star Wars affiliated helmets, and see just how many fans are interested in buying those.
The prop designer did a job for pay. His work belongs to the guy who paid him. If he didn't like that arrangement, he shouldn't have taken Lucas' money. He should have kept his cool helmets for himself but of course in that case, they would have no value and nobody would be fighting over them. The only reason the guy can make money off the helmets is because they were made famous by Star Wars. So how exactly does he have the right to profit from them? Let's see him create some original, non-Star Wars affiliated helmets, and see just how many fans are interested in buying those.
That's ridiculous.
That seems to be untrue. If you have the time to read through it all, there's extensive discussion about this on the Replica Prop forums, with plentiful evidence that Ainsworth is out-and-out lying.
Discussion of who did what.
Blow-by-blow of the first court case.
Thread about the current case (this forum might be locked to unregistered visitors, I'm not sure how it's set up these days.)
For what it's worth, almost everyone involved in the fan community who's studied the history of these props thinks he's full of shit (I'm not a stormtrooper expert by any means, so I'm not fully up on all the ins and outs, but I trust the people who say he's dishonest.)
Hey, again, this is the UK. Doesn't the estate of Terry Nation own the Daleks simply because he created them or something like that?
So yeah, as it turns out the rules of the deal weren't as beneficial to Lucasfilm as they thought. He took Lucas' money, he made props for Lucas' film, and now he is able to have a long term financial benefit from one of his most successful works. Quelle surprise.
You said it! If I design a building for Boss A, then go to work for Boss B, I wouldn't in my right mind think I could pull the plans out that I drew for Boss A and build the building for Boss B.
Boss A paid for it! Done.
I agree that this guy should dream up some Storm Trooper-y helmet of his own to sell.
Can't believe I'm actually siding with the corporate conglomerate over the little guy on this.
Checkmate
Commodore
I think you guys are obsessing on the wrong aspect of the ruling.
It's about the copyright running out because of the nature of the helmet. Since it was ruled to be a utilitarian item instead of a work of art, it's copyright has run out and just about anyone can replicate them. Whether or not he was the original designer doesn't play into the decision whatsoever. The ruling is effectively saying it's public domain. Outside the United States, anyway.
It's about the copyright running out because of the nature of the helmet. Since it was ruled to be a utilitarian item instead of a work of art, it's copyright has run out and just about anyone can replicate them. Whether or not he was the original designer doesn't play into the decision whatsoever. The ruling is effectively saying it's public domain. Outside the United States, anyway.
^
That.
And it will have a ripple effect in areas outside Lucas's copyrights.
For one thing, now anyone can make a "utility helmet" that looks like a Storm Trooper and sell it without risk of persecution.
That.
And it will have a ripple effect in areas outside Lucas's copyrights.
For one thing, now anyone can make a "utility helmet" that looks like a Storm Trooper and sell it without risk of persecution.
It's called bias. Only someone who didn't understand or care about the iconic image of a stormtrooper who call the helmet a utilitarian object.
Yeah it may be great in the short term, but this will have a chilling effect on those who wish to make money from their creative efforts.
The judge obviously can't have seen ROTJ if he believes that the stormtrooper outfits are functional rather than decorative.
This would also apply to Bobba Fett helmets and Princess Leiah slave dresses I would think.
And lightsabers. Considering Lucas never owned the original items used to make the sabers in the OT. They were made from a hodge podge of old camera parts, WW1 grenades, Aluminum T track (for sliding doors) sink knobs, ect, none of which Lucas owned a patent for.
Not in the UK, where there is no such thing as "work for hire."
Plus, as previously noted, as a utilitarian item, the design had already fallen into the public domain. So, really, now anyone can open a shop in the UK and make Stormtrooper helmets.
