Hi guys -

A lot of you might remember my E100 Ausf B that is in the gallery. Well it looks like there is now a retail kit of my creation in 1/72 for the new Dragon E100 kit. Here is the link as posted in the New Product section:

http://www.network54.com/Forum/78968/thread/1138252599/%2A%2ANEW%2A%2A+E-100+Conversions

And here is the link to my online web album and full build of my E100 Ausf B:

http://www.fototime.com/inv/1F188B645333D06

Honestly, I am not sure how I feel about it right now as I just saw it and I wanted to get some feedback from others here. I think I am upset but unsure whether I have a real right to be.

Here is where I stand - First, the model is entirely my own design, there are no plans or pre-exisitng "paper panzer" ideas for it. I just made it up based on hypothesized ideas from what German designers might have done had the war continued on.

Second - while I could care less if guys make their own for competition, themselves, whatever (and I have advised more than a few of you for that) - this one is for sale and commerically available - meaning they are making money from my design and idea. Looking at the kit photos there is only one change I can readily see, the cupola was moved inboard from the side of the turret, other than that everything else looks identical as far as I can see. I think that one would be hard pressed to argue that there is at least a 10% change from the original design, which is a minimum standard necessary to declare it is new and original. Now that is under US copyright law as far as I know. I am a professional designer by trade so I know a little about the subject.

Third - I wasn't given any notice that this was going to happen or asked my advise on the project. Again unsure if it is required, but I would have readily said yes and probably asked for a sample probably just to play with. Those of you that know me, know that I try to return as much back to my fellow modellers as I can. I think having my name associated with it might have helped to increase sales as well. I have a file saved of all inquiries into my E100, both as reference and as a future customer base, since I still plan on doing mine for sale in 1/35 and was eventually going to do a 1/72 version for both the new Dragon Maus and E100. I have not yet set up that business entity so I am not sure if I can claim any rights to it commercially.

Fourth - It looks like New Connection's Krokodile was also replicated, but am unsure if there were any pre-exisiting plans or was it NC's own idea as well.

When I was attending Art Center, if a guy put a car drawing up on the wall that was even remotely similar to another person's design (past, present or student) it would get ugly. Plagarism is taken very seriously there, and at any university for that matter. So I know the feeling personally when this happens. It is a very grey area of ownership of an idea, even if it is not patented or trademarked. The signature is usually enough to act as a trademark (from my own experience) to claim rights to the property in dispute. This also touches on the copyright issues expressed here on ML last year that caused such an uproar. Touchy stuff, these copyright issues.

While I do respect Mr. Overby for starting his own company, lord knows that is how the aftermarket thrives, but I have my doubts if this isn't a situation where one man is going to profit from another's mans work. Put it this way, without mine his would not exist in the first place. But then again, knowing this industry and how low production resin is by nature it may not be that big of a deal in the end.

Anyway, I think you guys see my point and I justed wanted to hear opinions from ML'rs because the model resides in the ML gallery and this gallery only. I never posted it anywhere else.

Best,

Mike

Here is the link to the gallery submission - you be the judge - the main pic looks like the one used on the boxart.

http://missing-lynx.com/gallery/german/e100_mrinaldi.html

hmmm, if it sounds like a duck and looks like a duck, it must be a duck. Am I wrong? I would love to hear arguements on both sides if possible.

Mike

Mike,
It's not even a line drawing of the photo--it's the actual item! That's just way uncool.
On one hand he might say that he figured it was a real design, and therefore not really copyright-able, but it's a Paper Panzer all the way from your brain so that deflates the any claim he may make. It's also a major mistake that he decided to use model made by you, one of the major players in the hobby, as a basis instead of a kit-bash by Joe Dokes from Palookaville--whoa...! (I'm sorry, Mr. Ford, it's just a coincidence that my car looks exactly like a Mustang Fastback...!)
I'm just rambling here--it would be more straightforward if a company like Dragon or Tamiya (forget Trumpeter) copied your design, but one guy casting kits in his garage--that is a tough one. At least he could put a note with the kit noting that it's your design.
Perhaps your next large scale figure could be a guy waving a restraining order? It would look a lot like you....

---Tom "Now that Ranta's back, only the Third Funniest Guy on M-L" Hall

To have not even discussed this with you... hmmm... he doesn't even reference the whole Rinaldi Werks aspect of it. He clearly knows the origin, but not sure what to think of the marketing of what is someone else's Panzer 46 design.

Letting brain turn... looking up other design examples.

More to follow.

Paul

Ken emailed me directly and we have started a dialogue to get it handled. He had tried to get a hold of me but was unable to get my contact info. It looks like I at least scored a free kit

Anyway, I made my original post in the spirit that these type of issues are very real and important. Even though in this case it is rather small, it is still meaningful. Ken already sent me a link to another company doing a similar conversion in 1/35 so who knows. I believe in proper business ethics and hope everyone here does as well.

This is why the copyright issue was so hot when it came up last year, with the internet at the touch of everyone's fingertips it is too easy to bypass the rules and do whatever you want. Ken and I understand each other and am glad it got worked out swiftly. And I am glad I was wrong about his agenda behind it so it is time to move on. Thansk for tolerating my rant, now back to the workbench.

Best,

Mike

Glad that things got worked out to your satisfaction, I can't wait to see the two varients side by side. They look interesting, I may have to pick one up eventually.

-Hans

Mike -
1. While I'm glad it all worked out in the end, you had the perfect right to bring it up. I for one remember that baby from day one.
2. I'm alittle curious about um well, hows the "production" coming along?
- Shawn

I am glad as well. I didn't want it to go too far anyway. Made my point and we have moved on. As for my production run, well I must say I wish I had more time. If I can get these editors off of my back for a few months I can put some serious efforts into completing it. Fat chance of that happening anytime soon, the workbench is too full for awhile.

Seriously though, I want it to be the best quality possible so I will be involved with a reputable resin company to see it thru. It will happen eventually and I will make the proper announcement when I can realistically delivery the "goods".

Best,

Mike

...and quickly, too! Always helpful to get the personal contact going; after all, you're both enthusiasts, and us tank geeks need to stick together...!

Mike,
you are obviously a very calm man!
I admire the way you handled this and I'm glad it has worked out well.

Regards,
Roger

I used to run a Website on Armored Trains, called PanzerZüge. While I have since taken it down, I found a website that copied some of my text verbatum (Hope I spelled that right). And to top it off not only was I not consulted or credited, but the guy gave credit to someone who plagerised my website as if they wrote it. My emails went unanswered. That was 2 or 3 years ago. I have since lost track of the site that plagerised me. But I am sure it is probably still up on the web somewhere.

Best Regards,
Mark

PS At least you got results from your emails Wish I could say the same

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