Nice one firebladejedi - absolutely use those pics - thats what theyre there for.
Mac - I dont doubt thats how the copyright laws work in the US, however as we know this case is taking place in the UK and the background to this isnt so clear as the Spidey example you gave.
As far as I can tell its more like... I come up with an idea to create a character, which I draw on paper. I ask you to take my drawing and to come up with a 3 Dimensional costume of that drawing. However what you come up with is different from my drawing. For some reason we fail to agree any form of contract before, during or after I ask you to do the work.
SO who owns the copyright to that 3D work?
The court needs to decide how similar your 3D design is to my 2d work, and whether you have merely produced a 3d version of my drawing, or whether you have added or modified the look through either artistic or functional requirement.
Its therefore a very complex argument which is why its likely to go for many months, before it even gets to court. And then some.
Its not wise to try and second guess what LFL was aiming for in their case. The reality is that they will try and go after SDS in as many different ways possible, rather than just relying on a single angle to their case. Hence they throw as many stones as they can, in the hope that at least one will hit its mark.
I dont think AA did infringe on LFL's trademarks - certainly he refrained from using terms like "Star Wars", "stormtrooper", "tie", "death star" etc. etc. But irrespective of that, LFL were ALWAYS going to go after him as unlike anyone else, he manufactured in bulk, in a legitimate business environment paying taxes etc., and he advertised. He was open! The catalyst of it was probably Master Replicas, who didnt understand why they had paid for an exclusive license while someone else was out there making a competing produce (albeit 2-3 years earlier). However LFL was always going to try and stop him, and I think AA knew that and was prepared for that as he's always thought he was right.
As far as your comment...
Quote:
Further, by your own admission, the TIE Pilot was reconstructed
You should be wary of using words like "admission" since I dont have anything to admit to. Like you I'm just expressing a personal opinion here - not making a statement for Andrew Ainsworth nor anyone else. My
personal view based on pictorial evidence is that the mohawk became damaged at some time between 1976 and 2004 so he reconstructed it - but its just that, my
opinion
As to whether SDS's helmets or armour are the "holy grail" then surely thats up to each individual to decide based on their personal preferences
Cheers
Jez