View Full Version : Repaints - no customs
I have been repainting the heroclix i have, basically the same way as they came, just better. Is that affected by the license agreement? Bare in mind they have the same colors and same costumes, just look better and have some highlighting done to them. I will post if asked and allowed by the forum.
Posting customs and repaints has never been a problem, so by all means, show off your work!
The problem comes when you try to sell or trade custom figs. Copyright protects Wizkids from others selling "derivative works", and Trademark protects Marvel, DC and other publishers/creators from others selling likenesses of their characters. Or something like that. I'm not a lawyer....
Legally, once you have purchased any given HeroClix figure, it belongs to you. You own it. You may repaint it, you may sell it, you may detonate it in firecracker wars in the back yard.
If you wish to repaint your figures and to post pix of them, by all means, do so. Admittedly, the site frowns on nudes and stuff that's in bad taste. At least, they won't let ME post anything like that...:(
This site's management only objects to selling and trading repaints and custom jobs via this website, that's all. Doing so can get you banned. TALKING about it, or showing PICTURES of your repaints and customs... no rules against that. Heck, I'd like to see them.
Admittedly, the site frowns on nudes and stuff that's in bad taste.
but they cant stop what we E-MAIL!!! Mwa ha ha!
also, post your repaints! go ahead, impress us!
It is absolutely allowable to resell a repaint of a Heroclix figure, as long as the colours you use are substantially the same as the colours on the original figure.
The problem comes in when you want to sell a custom figure (say, if you made your own Dr. Fate). One could not even sell a repaint of the Flash as Professor Zoom. Nor could one sell a repaint of Cyclops in his X-Factor uniform, made from a U Cyclops.
The core is the ownership of the trademark. The particular name and costumes of super-heroes are trademarks owned, typically, by the comic companies. When you buy a pack of Heroclix, you have an implied license to use those figures in certain ways.
You don't, however, have any license to make and sell your own figures based on their trademarks.
Trademark infringement is civil law, not criminal law. You'll here some folks tell you "it's illegal to sell a Punisher mod." That's incorrect; it is civilly actionable, and that's a big difference.
I've repainted a number of HC figures in much the same colours as their original paintjobs. It is perfectly OK for me to sell them on EBay. It is, however, still unacceptable for me to use HCRealms to advertise the sale. That's fne.
Put them up Scotty boy!
And then bring your digital camera over to my house and take pics of mine. My Hulk and Mr.Fixit are dying to be shown off :) And I think Wolverine is done up worthy enough that you could snap one of him too.
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