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if they do hire a sculptor, and he or she jumps in without checking out everything that's gone on with the project before even beginning to work, that person is a fool. I would feel terrible for them, but at the same time, it would be a foolish mistake, especially with all the information still available, just in the comments section of each update.

 

 

please

 

like they are gonna tell the sculptor all the details

 

if someone  commission me   some miniatures, i am a fool for not read  the comment section in one  kickstarter?

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I GOT IT! I got my chargeback. It's not the end of the line for me - I still plan on dogging these guy's footsteps - but it's a real weight off my back as a broke college student to have this refunded

I just confirmed with my credit card that Kickstarter/Amazon/ADW did not dispute the back charge on my $155 pledged to the Ice Age Mammals project within the time provided for a merchant to do so, so

ladystorm has altered the thread.  Pray she does not alter it further.

In the past people who were looking to deceive would not necessary even tell the new worker that they would be working for the old project. Knowing where that knowledge would take them. Likely they would say it was for something else, and possibly even represent themselves as a different company.

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if they do hire a sculptor, and he or she jumps in without checking out everything that's gone on with the project before even beginning to work, that person is a fool. I would feel terrible for them, but at the same time, it would be a foolish mistake, especially with all the information still available, just in the comments section of each update.

 

 

please

 

like they are gonna tell the sculptor all the details

 

if someone  commission me   some miniatures, i am a fool for not read  the comment section in one  kickstarter?

 

 

 

In the past people who were looking to deceive would not necessary even tell the new worker that they would be working for the old project. Knowing where that knowledge would take them. Likely they would say it was for something else, and possibly even represent themselves as a different company.

 

Obviously I am not devious enough either.

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As I understand it, the convention is for a sculptor to produce "on spec". IMO, That's a pretty terrible deal for the sculptor, since he does all the work before any guarantee he's paid. If the client doesn't like the sculptor, the sculptor keeps his work, but it's still work and time wasted. Doesn't get better when clients start making requests for changes, or the concept work is unusable.

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As I understand it, the convention is for a sculptor to produce "on spec". IMO, That's a pretty terrible deal for the sculptor, since he does all the work before any guarantee he's paid. If the client doesn't like the sculptor, the sculptor keeps his work, but it's still work and time wasted. Doesn't get better when clients start making requests for changes, or the concept work is unusable.

Spec work is unethical to ask for, and one of the unending tasks of more experienced artists is reminding the less experienced artists of that.

 

The world is full of people who think nothing of asking artists to provide their work for free.

 

I mean, honestly, would these people ask a mechanic to fix their car in the hope that they like the job enough to pay for it?

 

Since the proliferation of the internet the number of amateur artists who go along with spec work has become legion.

 

Anyhow, some people out of nowhere claiming to be Tweedy RespectableElbowPatches LLC of Big Posh Address and asking for art samples of such and such a type, no payment offered, wouldn't even stand out as unusual to most artists.

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I've heard of sculptors being given reference material from a company's range and being asked to show that they can create figures that fit into the scale and style of the range. I would imagine the sculptor retains ownership of the demo figure unless the company offers to buy it, unless the sculptor is very naive. It's not a great deal, but particularly for wargaming figures, it is pretty important to the company that new stuff match existing stuff or people won't buy it. 

 

I won't say I haven't heard of situations where sculptors got stiffed, and long before Kickstarter came into existence. This KS has illuminated that it's now possible to stiff the artist on a whole other level. Someone running a bogus KS doesn't need the actual figures in hand, they just need pictures. So they don't even need to ask sculptors to sculpt unique figures to spec, they can just offer to buy figures from the sculptor's portfolio and toss the pictures up. (I'm not saying that's what happened here, just that discussion around the events has illuminated the possibility.)

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To me these look like they were sculpted by the same person doing the previous ones, but with the big difference that he/she is actually trying this time. It almost seems like they have come under pressure to actually produce something.

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Well, the good news is, it would appear that they *haven't* found a new sculptor, since these sculpts show the same talented hand and pitted eyes that all Lar's previous works did. Much like the omnipresent "majour", there's just no mistaking that deep, deep sense of disappointment.

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those aren't...bad exactly. Not up to standard by any means, and certainly not what was promised, But if I managed to get a sculpt that looked in that ballpark, I would be, almost proud of myself. I would not expect a proper miniatures company to cast them mind you, but I would be happy with my work. That said, these are not what was promised, they are trying to cover their butts to show something. I am sure, in hopes that they can say "look we have stuff" so peoples credit card companies would not you know, cancel payment or however it all works.

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To go back a bit, common law trademark is actually pretty defensible under the correct circumstances. Any time you see a "™", that's a claim of common law trademark. (A registered trademark will use "®" and falsely claiming a registered trademark is actionable.) But you can't use words in their normal English way as trademarks of any sort.

 

If you make an internet router and call it the Corgiâ„¢ Router, that might be defensible, since you're not using "Corgi" in the normal English way. If you make a sculpture of a corgi and call it a Corgiâ„¢, you will fail immediately if you try to keep anyone else from using the same name for the same sort of thing. (See also TSR and Naziâ„¢.  <_< )

 

Defending a common law trademark is more complex, since it requires extensive research and showings that you were there first, but it someone is using your trademark in a way that is likely to confuse the marketplace, a court will often enjoin the confusing use.

 

Note 1: None of this should be taken to mean that I support anything that this company is doing or think that they're likely to get even the time of day from a court.

 

Note 2: I am not a lawyer and none of the above should be construed as legal advice. I just have to deal with trademarks all the time in my regular job, so I've done a medium amount of research. Talk to a lawyer if you need real information on the maze that is IP law.

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those aren't...bad exactly. Not up to standard by any means, and certainly not what was promised, But if I managed to get a sculpt that looked in that ballpark, I would be, almost proud of myself. 

 

Perhaps. But if I saw plastic figures of that quality in a bag at Target for two dollars? I'd keep walking.

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