Legalities of reproducing arcade art?

[Radford119]

Does anyone know what the legalities are in reproducing arcade art? (ex: instruction cards, bezel art, cpo) I see things like instruction cards being sold on eBay and wonder if that's legal or are they just flying under the radar?

[garnerb350]

WWGLD?

"What Would George Lucas Do?"

[mmb]

Does anyone know what the legalities are in reproducing arcade art? (ex: instruction cards, bezel art, cpo) I see things like instruction cards being sold on eBay and wonder if that's legal or are they just flying under the radar?

I'm not a lawyer, so take this with a grain of salt.

The images are, for the most part, under some form of copyright and therefor you can't legally reproduce them for a monetary gain without permission.

That being said, are those folks charging for the image on the paper or for the the paper that just happens to have the image on it? 
 

[BadMouth]

All trademarks are copyright their respective owners.

Does George Lucas care if I have an out of stock sticker reproduced to restore the arcade cabinet in my basement....probably not.
Does he care if someone sells 4 stickers a year to other people who want to restore their cabinets to original condition....probably not.
Would he care if I built and marketed Star Wars themed cabinets without licensing the trademarks......absolutely.

George Lucas would appreciate the cabs being preserved.....that's WGLWD.

[Havok]

WWGLD?

"What Would George Lucas Do?"

George would sue your ass.

[jimmy2x2x]

99% of the time, he would!

However, he gave his blessing to this not-for-profit masterpiece:

[Radford119]

I understand that the likelihood of someone getting busted for selling a few reproduced graphics a year is slim. But what about sites like gameongrafix.com, did they have to obtain the rights to reprint? I would really like to make some repro graphics for sale but I am just a little confused about where to draw the line.

[Eddie_Brock]

I'm not sure on the reason for your asking, but I can admit I was a bit worried when I first went into my local print shop and asked them to reproduce an image I had on a usb drive.
In the end, I was just straight forward with them and told them that I was using it for an arcade machine for my basement. They had no issues whatsoever and I would definitely do it again if I built another.

I hope this helps

[CheffoJeffo]

I understand that the likelihood of someone getting busted for selling a few reproduced graphics a year is slim. But what about sites like gameongrafix.com, did they have to obtain the rights to reprint? I would really like to make some repro graphics for sale but I am just a little confused about where to draw the line.

With a very few exceptions, most of the reproductions that you see are not legal.

There are, however, few folks actively enforcing copyright on repro graphics.

Twobits comes to mind as one that does (a right for which they paid handsomely, despite the lesser quality of their product), which is presumably why GoG doesn't seem to list PacMan or Galaga.

In terms of trying to do it as a business opportunity, I would be somewhat hesitant. In terms of repros for the collector, you would have to surpass the quality of shops like PhoenixArcade and ThisOldGame, which would be challenging at best for a neophyte. The last guy to try failed miserably and forever tarnished his reputation. You would also need access to artwork (GoG bought the old ClassicArcadeGrafix scans).

[opt2not]

Could the same question be applied to repro-cabinets?  Say you build a nintendo cabinet from scratch, then later sell it...

Yeah, it's against copyright infringement, but I highly doubt anyone cares about a highly niche group of arcade enthusiasts (unless you're namco re: pacman stencils) making a tiny profit off something out of date.

[CheffoJeffo]

IANAL, but I would say Yes. In addition, some cabinet designs were protected by patent (Joust cocktail for certain).

In terms of doing it as a business, same rules apply -- you've pretty much got to beat DPWiz, pr0k and others for quality and accuracy. Like the artwork side, the last guy who tried crashed and burned (although the fact he was a total ---uvula--- probably contributed).

[Malenko]

IANAL

heh. I dont know what it stands for but I'm immature and thats hilarious.

[Donkey_Kong]

IANAL

heh. I dont know what it stands for but I'm immature and thats hilarious.

pssssst,

Custom Title! 

[saint]

IANAL

heh. I dont know what it stands for but I'm immature and thats hilarious.

pssssst,

Custom Title! 

  If you insist... 

[Havok]

Aww man - you should have done I ANAL!

(And no - I don't want it!)

[Malenko]

IANAL

heh. I dont know what it stands for but I'm immature and thats hilarious.

pssssst,

Custom Title! 

  If you insist... 

and like 10 years later I still dont have a custom title.

[RayB]

IANAL, but I would say Yes. In addition, some cabinet designs were protected by patent (Joust cocktail for certain).

Worth noting that patents last only 20 years.

[Radford119]

Thanks everyone for the input. I mainly just was wondering where everyone stood on the issue. At my day job, I work at an ad agency as a graphics artist and have access to high quality print vendors. I thought it maybe nice to reproduce some stuff, but was sketchy about the legalities.

[Donkey_Kong]

I thought the rule was to not self suggest, and that it was perfectly fine to suggest titles for others. However I wasn't very clear. The title does fit, Malenko isn't really immature, he was being sarcastic, and Cheffo really isn't I ANAL... right? Havok might be a tad.. 




Sorry for the thread jack Radford!

[elkameleon]

I contacted a local sign shop this afternoon, they will not print anything copywritten, unless of course you own the copywrite. The point of legality should be held solely on the customer, should be able to sign a waiver and such.

[CheffoJeffo]

I contacted a local sign shop this afternoon, they will not print anything copywritten, unless of course you own the copywrite. The point of legality should be held solely on the customer, should be able to sign a waiver and such.

While I feel your pain, your rant reminds me of the "try before you buy" software shops in the 80's.

I signed a few of those waivers.

 

[elkameleon]

Yeah, oh well to them I guess, i'm going to probably try out thisoldgame.com instead. I really wanted to give my business to a local shop, but they just won't do it.

[yotsuya]

I wouldn't get too mad at the local guys. They're just covering their asses. The last thing they need is some overzealous corporate lawyer coming after them because they printed a copyrighted item.

[CheffoJeffo]

Yeah, oh well to them I guess, i'm going to probably try out thisoldgame.com instead. I really wanted to give my business to a local shop, but they just won't do it.

I really do feel your pain ... I have a print shop that I have used for business and personal printing for years. They won't print anything close to protected.

And I don't blame them.

Nobody is coming after me for the Purple Ghost on my Pac Man Art (Knievel, I'm looking at you!), but you can't expect anybody to lay themselves out over $10 profit with a waiver that doesn't actually mean anything.

Is TOG doing custom inkjet stuff now ? Might be an excellent option.

[elkameleon]

Is TOG doing custom inkjet stuff now ? Might be an excellent option.

Why yes, yes they are.
http://www.thisoldgame.com/categories/custom-arcade-printing

[CheffoJeffo]

Is TOG doing custom inkjet stuff now ? Might be an excellent option.

Why yes, yes they are.
http://www.thisoldgame.com/categories/custom-arcade-printing

 

Rich has always done great work, so that is PrettyDamnedCool(tm),

[AGarv]

Here's a Ted Talk that breaks down this exact issue (one of his example is a copy-righted cartoon image used on a birthday cake).

http://www.ted.com/talks/defend_our_freedom_to_share_or_why_sopa_is_a_bad_idea.html

My uninformed (and not legally verified) interpretation of his talk: You are in the clear using copyrighted images for purely personal purposes.

[elkameleon]

This is funny, because my wife was telling me about how she tried to get them to put Mario on my birthday cake this year, but they wouldn't do it. She ended up having them (very poorly) draw a generic arcade game on it instead.

[alfonzotan]

For a one-off, personal-use deal, I doubt anybody cares.  The local Kinko's printed up a Defender bezel for me recently, no issues.

[404]

the argument of putting a copyrighted image on a cake as opposed to restoring an arcade are two totally different things.

One can argue that it's fair use to print arcade artwork under fair use. I'll try to clarify this legal stance in terms that pertain to arcade owners restoring an old cabinet.


As an arcade machine owner. You have not only purchased the physical parts of the machine, you have purchased the right to own and operate the machine in it's original form. Many companies have use this clause as a sort of license. By purchasing an item such as a video game, you have been granted a license to operate the device in its original form. These are 21st century terms as more and more companies have become far too legalistic.

While fair use was specifically aimed towards not for profits, editorial pieces and research, many commercial entities have used and succeeded in using fair use to their own advantage. Because of this however, you should have the right under fair use to go ahead and print out a reproduction image. You have essentially purchased a license to run the game, in its original form and as such, should have enough legal standing to restore the unit back to it's original shape, including copyrighted images on the side of the machine, tags, labels etc for your own personal use.

[elkameleon]

I can't exactly walk into a print shop and demand they print my artwork because its technically covered under "fair use", they have no control over what I do with it once printed, they just don't want to deal with the trouble. Im not sure how some of these other online print shops dedicated to arcade reproductions get on with it.

[404]

I can't exactly walk into a print shop and demand they print my artwork because its technically covered under "fair use", they have no control over what I do with it once printed, they just don't want to deal with the trouble. Im not sure how some of these other online print shops dedicated to arcade reproductions get on with it.

Yes, you likely can. You are restoring your own, legally purchased equipment. Not to mention, original manufacturers are likely not offering any replacement services. The print shop however have the right to refuse you service.

[elkameleon]

I did some Bally Bow & Arrow translites that way, no questions asked.

Its harder when you bring in a bunch of pics with Mario plastered all over them, i'm pretty sure they know im not nintendo

[Samstag]

This is funny, because my wife was telling me about how she tried to get them to put Mario on my birthday cake this year, but they wouldn't do it. She ended up having them (very poorly) draw a generic arcade game on it instead.

That's personal use for you, but commercial for the people you're asking to put Mario on your cake for compensation.

[lilshawn]

I am also not a lawyer - but I figure if you need something (read as anything) from the company who made it (parts/service or support), and they either refuse to provide it or say it's no longer available. Then yes, go make a copy and print it.

if they have artwork available for sale and you are too cheap/lazy/ignorant to buy it, then you deserve whatever hassle you get.