Defstartrooper wrote:
Quote:
If so, where is Ainsworth's proof of the original Stormtrooper that he allegedly sculpted?
Legally AA does not have to prove he sculpted the design as LFL are the complainant and saying it is their property,therefore LFL have the onus of proof that someone else sculpted the work and the IP is legally theirs.
The only time that AA will ever have to provide proof ownership of the IP is if he takes action against someone for IP theft then he will have to prove he owns the design.
Other than that is possible that AA may need to counter LFL's claims in court with his proof of ownership but as things stand he is not obliged to do so.
Good point Gary - that was my understanding.
I dont want to get too involved in the legalities of this, but NHM I disagree with your point over "if AA based his sculpt on a RMQ design then LFL owns the rights" ( I paraphrase) -as in my understanding thats not the case, at least in the UK, and thus it appears to be the crux of the legal case in hand.
There's no issue with the Vader helmet as Brian Muir was contracted to Lucasfilm at the time and so an an employee, anything he produces falls under the ownership of his employer.
AA's legal team will presumably maintain that without employment or a contract, anything he produces is "his" copyright - even if based on existing 2D work due to the laws over "works of artistic craftmanship".
therefore LFL has to
1) Disprove that AA sculpted the helmet, but instead merely took the scult THEY did (and I'm guessing that these photos concentrate on this point), or
2) Prove he was under some kind of contractual agreement to sculpt, or
3) argue that irrespective of what he did, he was paid for it and it was clearly their work.
I'm sure there are several other scenarios.
Returning back to WHO "created" the stormtrooper IN MY OPINION, today 9th August 2007 I would say (hypothetically)
1) GL must have given RMQ some kind of brief as to what the Stormtroopers should look like. Something like "I want them covered head to foot in white armour, and capable of surviving the fiercest environments. Like a cross between a Robot and a man. Oh and I want them to shoot like crap"
2) RQM does some sketches, its an iterative process (e.g. GL says "make the faces look more mean"). Maybe some of the storyboarders are involved in this process?
3) They finish a couple of paintings which are used to sell the idea to 20th Century Fox, and get the funding.
4) Brian Muir at Elstree starts the process with the Armour (not helmet). Theres the suggestion that someone starts the helmet but we have no evidence, although some pics supposedly DO exist of something.
5) AA sculpts the helmet (assuming there wasnt a previous version) in line with the RMQ paintings, adding changes/amendments according to artistic license (e.g. the odd shape of the face) or physical necessity (e.g. the separate ears). If a sculpt already existed then his contribution ought to be less but without seeing these photos (assuming they actually show something) its impossible to say.
Blimey - no wonder this case is taking such a long time
Cheers
Jez