Brave-Bird 08 Posted July 20, 2014 Share Posted July 20, 2014 Ever since I made a custom Kennesaw State logo in 2010, it's been popping up everywhere, from the lobby at an apartment complex near our campus, to tons of cheap embroidery and vinyl vendors. But this tops it. I made this concept about two years ago after KSU released new logos. It's alive. Mind you, we don't play in the CAA -- that was just a speculative detail. Here's a link: https://www.etsy.com/listing/195677894/kennesaw-state-cb?ref=market Link to comment Share on other sites More sharing options...
AHcreative Posted July 20, 2014 Share Posted July 20, 2014 Damn, that's pretty outrageous. I'm not too keen in legal cases, or what have you, but is there anything that you can do about this? Link to comment Share on other sites More sharing options...
GFB Posted July 20, 2014 Share Posted July 20, 2014 Damn, that's pretty outrageous. I'm not too keen in legal cases, or what have you, but is there anything that you can do about this?It's not as if the guy who made the figurine is mass-producing them to the public and rolling in money. He probably did it as a hobby and a fellow KS football fan... Why would you want to squash that sense of creativity over two cheap figurines? If I were you BraveBird, I would take it as a pat on the back and snag one of the figures if I can... You may even be able to snag one a discount if you talk to the creator personally. Having your work put into action like that is a cool experience. Link to comment Share on other sites More sharing options...
BBTV Posted July 20, 2014 Share Posted July 20, 2014 Damn, that's pretty outrageous. I'm not too keen in legal cases, or what have you, but is there anything that you can do about this?It's not as if the guy who made the figurine is mass-producing them to the public and rolling in money. He probably did it as a hobby and a fellow KS football fan... Why would you want to squash that sense of creativity over two cheap figurines? If I were you BraveBird, I would take it as a pat on the back and snag one of the figures if I can... You may even be able to snag one a discount if you talk to the creator personally. Having your work put into action like that is a cool experience. Are you kidding? "The views expressed here are mine and do not reflect the official opinion of my employer or the organization through which the Internet was accessed." Link to comment Share on other sites More sharing options...
MJWalker45 Posted July 20, 2014 Share Posted July 20, 2014 I'd at the least tell the seller it's not the buyers design and not to reproduce it again. I'm pretty certain that if the seller knew that he'd at a minimum contact you for permission to use it. Â Â Link to comment Share on other sites More sharing options...
GFB Posted July 20, 2014 Share Posted July 20, 2014 Are you kidding?Not really, but perhaps you can enlighten me on where you disagree? Link to comment Share on other sites More sharing options...
Soarindude Posted July 20, 2014 Share Posted July 20, 2014 Damn, that's pretty outrageous. I'm not too keen in legal cases, or what have you, but is there anything that you can do about this? It's not as if the guy who made the figurine is mass-producing them to the public and rolling in money. He probably did it as a hobby and a fellow KS football fan... Why would you want to squash that sense of creativity over two cheap figurines? If I were you BraveBird, I would take it as a pat on the back and snag one of the figures if I can... You may even be able to snag one a discount if you talk to the creator personally. Having your work put into action like that is a cool experience. This cannot be a real post. Or else, I'm pretty sure we found the guy that stole your artwork. Link to comment Share on other sites More sharing options...
Fifty8_Black O Posted July 20, 2014 Share Posted July 20, 2014 I actually agree with GFB here. It's not like this guy is cranking out kennesaw st figures to get rich. If you go to the etsy page and look at the ad it shows two and says "custom football figurines of kennesaw state player as requested by customer". So we can debate right or wrong, legal or illegal if we want but what it seems like is this guy paints sports figures. Someone (most likely the player shown or someone close to him) ordered a kennesaw st one, and either at the request of the customer or due to lack of research landed on you concept and went with it.I agree, just be flattered. Reach out to him if need be for credit, or make him take down that post, but he's not advertising more kennesaw st figures necessarily. He's advertising custom paint work on figures.I really don't see all the outrage here over this or over what GFB said. Link to comment Share on other sites More sharing options...
GFB Posted July 20, 2014 Share Posted July 20, 2014 Let me try to explain my perspective in a different way, because I have a feeling this could get out of hand.1) BB08's concept was a uniform concept only. He didn't create a new (logo) design, and his concept also heavily borrowed from other property that didn't belong to him (Nike, KSU). Which is fine, it's a concept he did for his own personal enjoyment. No problem. But to pursue legal action for something that wasn't his property to begin with is a losing battle...2) That's also not to say that the creator of the figurine is absolved of responsibility either. If BB08 wants to send him a cease and desist letter and tell him to stop using his concepts for figurines, that's completely acceptable and BB08 is well within his right to do so. But again, the suggestion was pursuing legal action and seeking damages... Considering the money, time and effort such a legal venture would require and the shaky ground of BB08's own legal claim to the artwork, all for two figurines... I'm pretty sure it wouldn't be worth it. 3) I haven't looked at the seller's profile, but common sense would suggest that he's not solely in it for the money... No offense to Kennesaw State, but I'm not sure if the market for customized KSU action figures is worth the investment of time and resources to create the figurines to begin with if his sole intent was to cash in. 4) Lastly, I want to speak about the inspired spirit of creativity. BB08 took things that were not his own (KSU's logos, Nike's brand and equipment, and possibly even the template itself) and out of them created something cohesive that he identifies as his own. But you could also make the case that the creator of the figurines did something similar, combining what he took from BB08 (and simultaneously, the properties that BB08 borrowed from) with another medium (McFarlane's figurines) and other inspiration (other customized figurines). On that level, I have a hard time distinguishing between the two from purely an artistic viewpoint (ignoring other factors... such as cost, time, and resources used to create the art, which might justify the price the seller is asking for).Combining all four of those factors, I come out on the softer/harmless side of the issue. The nature of the debate would be different if BB08 had created his own designs for the concept, or if the amount of money at stake was greater, or if I believe the intent of the figurine's creator was one of solely selfish/monetary reasons. Could I be reading the situation wrong? Of course. But this is a topic that I've personally and publicly had to deal with in the past and an area of "gray" I've given a lot of thought to... However, ultimately, the only perspective that matters on the subject is BraveBird's. I can only give him the same advice I would follow if I were in his shoes: you can either make the best of an unfortunate situation and enjoy something unexpected, or you can fight tooth and nail for what you believe is yours. I believe there's a time for both courses of action, but I also believe that one should pick his battles carefully... And I'm just not sure that this is the hill I would make my last stand on. Link to comment Share on other sites More sharing options...
Tracy MidGrady Posted July 20, 2014 Share Posted July 20, 2014 GFB are you the one making the figurines ? Link to comment Share on other sites More sharing options...
charger77 Posted July 20, 2014 Share Posted July 20, 2014 GFB are you the one making the figurines ?No, he's just right. PotD May 11th, 2011looooooogodud: June 7th 2010 - July 5th 2012 Â Link to comment Share on other sites More sharing options...
Soarindude Posted July 20, 2014 Share Posted July 20, 2014 Let me try to explain my perspective in a different way, because I have a feeling this could get out of hand. 1) BB08's concept was a uniform concept only. He didn't create a new (logo) design, and his concept also heavily borrowed from other property that didn't belong to him (Nike, KSU). Which is fine, it's a concept he did for his own personal enjoyment. No problem. But to pursue legal action for something that wasn't his property to begin with is a losing battle... 2) That's also not to say that the creator of the figurine is absolved of responsibility either. If BB08 wants to send him a cease and desist letter and tell him to stop using his concepts for figurines, that's completely acceptable and BB08 is well within his right to do so. But again, the suggestion was pursuing legal action and seeking damages... Considering the money, time and effort such a legal venture would require and the shaky ground of BB08's own legal claim to the artwork, all for two figurines... I'm pretty sure it wouldn't be worth it. 3) I haven't looked at the seller's profile, but common sense would suggest that he's not solely in it for the money... No offense to Kennesaw State, but I'm not sure if the market for customized KSU action figures is worth the investment of time and resources to create the figurines to begin with if his sole intent was to cash in. 4) Lastly, I want to speak about the inspired spirit of creativity. BB08 took things that were not his own (KSU's logos, Nike's brand and equipment, and possibly even the template itself) and out of them created something cohesive that he identifies as his own. But you could also make the case that the creator of the figurines did something similar, combining what he took from BB08 (and simultaneously, the properties that BB08 borrowed from) with another medium (McFarlane's figurines) and other inspiration (other customized figurines). On that level, I have a hard time distinguishing between the two from purely an artistic viewpoint (ignoring other factors... such as cost, time, and resources used to create the art, which might justify the price the seller is asking for). Combining all four of those factors, I come out on the softer/harmless side of the issue. The nature of the debate would be different if BB08 had created his own designs for the concept, or if the amount of money at stake was greater, or if I believe the intent of the figurine's creator was one of solely selfish/monetary reasons. Could I be reading the situation wrong? Of course. But this is a topic that I've personally and publicly had to deal with in the past and an area of "gray" I've given a lot of thought to... However, ultimately, the only perspective that matters on the subject is BraveBird's. I can only give him the same advice I would follow if I were in his shoes: you can either make the best of an unfortunate situation and enjoy something unexpected, or you can fight tooth and nail for what you believe is yours. I believe there's a time for both courses of action, but I also believe that one should pick his battles carefully... And I'm just not sure that this is the hill I would make my last stand on. Much better explanation of your original post. Link to comment Share on other sites More sharing options...
GFB Posted July 20, 2014 Share Posted July 20, 2014 Much better explanation of your original post.It is, but you can understand why I didn't want to spend the time to break down my thoughts into a logical progression of ideas on the subject if I didn't have to... Link to comment Share on other sites More sharing options...
Gothamite Posted July 20, 2014 Share Posted July 20, 2014 I thought the original post was fine. Not to mention completely right. The Green Bay Packers Uniform Database! Now in a handy blog. Link to comment Share on other sites More sharing options...
Brave-Bird 08 Posted July 20, 2014 Author Share Posted July 20, 2014 GFB is right. I didn't post because I wanted to pursue legal action; I posted because I thought it was neat. Link to comment Share on other sites More sharing options...
GFB Posted July 20, 2014 Share Posted July 20, 2014 GFB is right. I didn't post because I wanted to pursue legal action; I posted because I thought it was neat. That's what I suspected was the case. Congrats by the way... I hope you find a way to pick up one of those figurines. It's really cool. Link to comment Share on other sites More sharing options...
ONUV Posted July 21, 2014 Share Posted July 21, 2014 lol @ heitert Link to comment Share on other sites More sharing options...
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