Legality of selling customs

[Bart Allen]

So, i know according to whiz-kidz you are not legally alloud to sell costum made clix, has anyone tried to fight them? i mean has everyone they have sent letters to quit making them? has anyone actually been sued by them or was this just a scared tactic?

i know this has probally been asked befor but just wondering

[cptspacebomb]

Well, I wouldn't get caught doing it if I were you...But as for the rest, I can't really answer. I have never tried selling my customs.

[SaferSephiroth]

It is illegal. The problem is them finding out.

[Bart Allen]

Everyone keeps saying the quick it is illegal. but noone can tell me exactly what the law is. If it is illegal to alter something and sell it wouldn;t it be illegal to sell a tricked out car?

THe copyright issue, i could see how the person who owned the copyright to the character you sold could sue, but how can you copyright little pieces of plastic, that would be like dc or marvel sueing anyone else who made a comic book.

I know E-bay and places are going along with wizkids are they doing because they have the legal right or just to avoid a fight?

I would love to know, 100% from a copyright lawyer,

[SaferSephiroth]

If it bothers you that much, I'd suggest consulting a lawyer.

I myself am not versed in law.

[machineman]

It seems that to sell a pre-made custom is illegal because you are making and selling someone else's intellectual property. But you can sell your skill at making them, by commission. Someone can request that you customize a heroclix by their description and then you can charge for the customization but not for the clix. Get it? anyway, there is a thread in the auction forum here, stickied near the top, where you can put out your portfolio of artwork, and people can commission you for your art. Check it out.

Here is a link to it: http://www.hcrealms.com/forum/showthread.php?t=204584

[Papa Smurf]

we can't sell them, but that does not stop me from trading them. I get all kinds of good trades for my mods.

[drzoidberg1599]

Its kinda like bootleg DVDs. "you can buy this shiny new jewel case for 10 bucks. Oh look the case has a free DVD inside!" You cant sell the custom but you can auction off the shipping price. "i just made a custom (insert figure here). I will send it to you for the right price!" Thats how ive most commonly seen it done.

[Darkseid Sr.]

You can't sell the custom as a regular figure. To advertise it as that is illegal.

Someone can be commisioned to specifically create a custom, but to deceive someone into buying a custom by promoting as a regular figure is illegal.

[theanalogkid]

I bought A Custom Hellstorm on E-Bay with no problem. I knew it was a figure I can't play in tourneys and it was spelled out as such in the auction. It just depends on who is doind the custom.

[anonym0use]

I bought A Custom Hellstorm on E-Bay with no problem. I knew it was a figure I can't play in tourneys and it was spelled out as such in the auction. It just depends on who is doind the custom.


*wishes Hellstorm made it into M&M*
*Hopes a Mystical set is in the works*