Photos from Hollywood Blvd!

All Nightcrawler, all the time! THE place to discuss everyone's favorite fuzzy elf in all his various incarnations!
thayr
Lubber
Lubber
Posts: 19
Joined: Thu Dec 09, 2004 7:05 pm
Location: Hollywood, CA
Contact:

Photos from Hollywood Blvd!

Post by thayr » Tue Jan 04, 2005 10:33 pm

I'm looking into posing for photos as Nightcrawler, I'll be graciously accepting donations. The expense of doing might be a bit much... $50 for an eye exam, $90 for coloured contacts, $50 airbrushing my face blue. I tried face-paint but it would smear, rub onto the collar of my costume, and it had a 'wet' look to it. I'm wondering if I'll be able to make any profit from this endeavor. This will be on Hollywood Blvd.

Anyone have any ideas or suggestions on cutting down on the cost of everything?

Saint Kurt
Administrator
Administrator
Posts: 2151
Joined: Wed Jan 28, 2004 3:43 am
Title: Derelict Landlord
Location: Watch out for that cow pie!

Photos from Hollywood Blvd!

Post by Saint Kurt » Sat Jan 08, 2005 5:29 am

I'm probably the only one here who can answer this question. :)

For the contacts, unless you are a regular contact wearer, the exam is a necessary expense. You do have the option of photo retouching your eyes though. It depends on whether you want to look like Nightcrawler all the time, or just in the photos.

I'm curious as to where you got the $50 price tag for having your makeup airbrushed. If that's an estimate for you purchasing makeup and equipment, you're way too low unfortunately. If that's a price someone quoted you to do your make up, I'd say they're ripping you off. For comic book Nightcrawler, without the scars, even if I did some shading I'd charge like $10 plus materials (around $4). $50 is a lot of money to hose you down with blue paint. Or are they going to do things like style your hair too?

Since you don't have the scars to deal with you do have the option of using a brush. If you're interested, I can recommend several different products and sealants that will give you an airbrush look for a fraction of the price. Ben Nye is my favorite and it is very reasonable. There are others too, all of them used by pros, that will look good and won't wreck your costume. They are what my friends who do monster characters use when I'm not around to airbrush them and they look pretty damn good. For Nightcrawler an airbrush is NOT a necessity.

(That "wet" stuff was probably grease paint that hadn't been powdered. It needs to be set with a translucent powder or else it comes right off.)

As for making a profit, I'm at a loss. I was lucky enough to play Nightcrawler on a regular basis for the museum (weekly during the summer, then occasional weekend and publicity appearances during the semester) over the last 6 months and I never saw a dime unless you count personal amusement as currency. Tomorrow is our last job before they send the exhibit on tour actually and I think we're all going to miss working there.

Good luck with the contacts and drop a line if you want more information on makeup. There are lots of options out there for less than $50 that will give you the look you want.

-e
Image

User avatar
JUSTOOGOOD
Lubber
Lubber
Posts: 46
Joined: Sat Nov 20, 2004 7:22 pm
Location: UK

Am I missing something?

Post by JUSTOOGOOD » Sat Jan 08, 2005 11:21 am

Thayr: I'm not sure I understand, you want to set up a business on Hollywood Blvd charging people for you to make them look like nightcrawler? Or have photo's taken of them with (you dressed up as) Nightcrawler? Only Nightcrawler not Logan or Rogue?

Does it have to be physical? Could you not just use a program like Photoshop to change skin tone, hair and eye colours? If you don't have the program it may be expensive but it would be a one off price (as opposed to buying contacts and face paints continuously) and it would eventually pay for itself.

It seems like a novel idea (if I understand correctly) are you sure you can make money off of Marvel's character like this?

Zamweasel: you had a job dressing up as the incredible Nightcrawler? That's awesome! How come you didn't get paid? That ain't so awesome.

Wonder if anyone needs someone to dress up as Wolverine, if there's money to be made from it, I already have the side burns...lol
I'm the best there is at what I do...
...no wait,
...that's someone else.

*ANYTHING STATED IN THE ABOVE POST IS MERELY THE OPINION OF MYSELF: UNLESS SUPPORTED BY FACTS/SOURCES ETC*

Bamfette
Dread Pirate
Dread Pirate
Posts: 3278
Joined: Wed Jun 26, 2002 9:41 pm
Location: Calgary
Contact:

Photos from Hollywood Blvd!

Post by Bamfette » Sat Jan 08, 2005 2:41 pm

to answer for Zam, she can correct me if i am wrong - this is her hobby. she makes and wears costumes for fun she's not really looking to get paid, she just likes to do it. in San Diego she alternated between Nightcrawler and a Rebel Pilot for the Star Wars pavillion. just look at her website, it's all there. she's very talented :) http://homepage.mac.com/bohemian_junkie/

fourpawsonthefloor
Administrator
Administrator
Posts: 3958
Joined: Tue Nov 09, 2004 3:49 pm
Title: Executive Administrator

Photos from Hollywood Blvd!

Post by fourpawsonthefloor » Sat Jan 08, 2005 8:36 pm

Much as I loathe to drag the legalities of it in, will Marvel be mad if you are charging money for this if you have not gotten permission from the powers that be? Or do they just ignore this sort of thing? I can understand how Zam wouldn't be targeted as she isn't soliciting for money - the nightcrawler costume was more of a showcase piece, and she never charged for appearing.
Image
I'm actually quite pleasant until I'm awake.

HoodedMan
Administrator
Administrator
Posts: 2333
Joined: Thu Jul 24, 2003 11:39 pm
Title: Lord Sarcasmo von Snarkypants

Photos from Hollywood Blvd!

Post by HoodedMan » Sat Jan 08, 2005 11:51 pm

Under copyright law you would have to ask for legal permission from an authorized Marvel officer to use their copyrighted character's image to publically display it and distribute it, especially if you're charging for it. Otherwise, your profit will be eliminated if they sue you, so the matter is rather moot.
ACHTUNG! Alles touristen und non-technischen looken peepers! Das computermachine ist nicht fuer gefingerpoken und mittengrabben. Ist easy schnappen der springenwerk, blowenfusen und poppencorken mit spitzensparken. Ist nicht fuer gewerken bei das dumpkopfen. Das rubbernecken sichtseeren keepen das cotten-pickenen hans in das pockets muss; relaxen und watchen das blinkenlichten.

thayr
Lubber
Lubber
Posts: 19
Joined: Thu Dec 09, 2004 7:05 pm
Location: Hollywood, CA
Contact:

Photos from Hollywood Blvd!

Post by thayr » Sun Jan 09, 2005 6:14 am

Thanks for the tips Zam, actually you were the one I was waiting to hear from. I had a meeting today with an airbrush/face painting artist. He set me up with some products I can use myself- Snazaroo blue paint which I can sponge on, and some 'Final Seal' spray. $50 was the cheapest airbrushing I could find in the area (others were quoting $80-100!), but I'm happy with the Snazaroo. Next I'll go in for an exam to the eye doctor so that I can order the proper contacts.

As for "charging" money- I will accept donations, I will never ask for any type of payment. What gave me this idea is the great number of costumed characters who pose for photographs on Hollywood Blvd. I don't think I'll get in trouble for being the amazing nightcrawler, I'll be working along side others such as: Spiderman, Stormtrooper, Batman, Shrek, Darth Vader, Power Rangers, Blade...

Also, I put on the costume and went to the gym today. I'll post a video or link once I get the video together.

Northstars Love
Lookout
Lookout
Posts: 970
Joined: Mon Jul 28, 2003 7:10 am
Location: Pair A Dice Island

Photos from Hollywood Blvd!

Post by Northstars Love » Sun Jan 09, 2005 7:28 am

Will you be doing this in front of the Hollywood Wax Museum? Reason I'm asking is I'm originally from LA but now living in Vegas. They used to have people dress up in front of the wax museum as characters and one used to be Michael Jackson. That was long ago of course before all the court cases with him in the 90's.

HoodedMan
Administrator
Administrator
Posts: 2333
Joined: Thu Jul 24, 2003 11:39 pm
Title: Lord Sarcasmo von Snarkypants

Photos from Hollywood Blvd!

Post by HoodedMan » Sun Jan 09, 2005 8:44 pm

Originally posted by thayr
As for "charging" money- I will accept donations, I will never ask for any type of payment. What gave me this idea is the great number of costumed characters who pose for photographs on Hollywood Blvd. I don't think I'll get in trouble for being the amazing nightcrawler, I'll be working along side others such as: Spiderman, Stormtrooper, Batman, Shrek, Darth Vader, Power Rangers, Blade...
Before you go charging off in all directions with all of these new ideas, here's a tip.

1.) You are publicly displaying a copyrighted character.

This is ILLEGAL if you do not own the copyright or have a license from the copyright holder. If you charge money it's worse, but Marvel can still easily get a court order for you to cease and desist. If you continue, you can then go to jail for contempt of court.

You may not think you will get in trouble, but I assure you that it is most likely you will. Especially if you're displaying characters copyrighted by huge companies. It's not a good idea. I'm not telling you this to lecture; I'm telling you for your own good.
ACHTUNG! Alles touristen und non-technischen looken peepers! Das computermachine ist nicht fuer gefingerpoken und mittengrabben. Ist easy schnappen der springenwerk, blowenfusen und poppencorken mit spitzensparken. Ist nicht fuer gewerken bei das dumpkopfen. Das rubbernecken sichtseeren keepen das cotten-pickenen hans in das pockets muss; relaxen und watchen das blinkenlichten.

Saint Kurt
Administrator
Administrator
Posts: 2151
Joined: Wed Jan 28, 2004 3:43 am
Title: Derelict Landlord
Location: Watch out for that cow pie!

Photos from Hollywood Blvd!

Post by Saint Kurt » Mon Jan 10, 2005 2:21 am

Wow, this is a really complicated thread... So much going on.

Makeup:
I have never tried Snazeroo makeup, but I have heard of it and it was going to be one of my suggestions for brushable makeups. (The other two are Ben Nye Magicolor and makeup made by the Wolfe Brothers) It is used a lot by face painters at fairs and stuff and has great staying power. It also has a good matte finish so you should be pretty happy.

Final Seal is great stuff. I use it in my makeup - first as a base layer on my dry skin and then as final layer on the finished and powdered makeup. It has a sweet mouthwash smell and for this reason I now associate Nightcrawler as smelling like mint...

Money for Pictures:
You are walking a fine line my friend... tread very carefully.

I have been making and wearing replica costumes for over five years now and the issue of payment has to be dealt with very very carefully. I could write a book on the subject, but I'll try to stay brief.

First, let me mention my own work as a starting point. I used to make very accurate movie replica costumes for a living. People would buy these to put in their collections of replica and screen used props or to wear. I operated just barely inside of legal and as such could never properly advertise, couldn't mass produce, couldn't ever use copyrighted terms such as "jedi" or "Hogwarts". I got work solely by word of mouth which meant I had to adhere to the highest standards of professionalism and service or risk bad reviews in a tight knit community.

To describe the costumes I made I had to say things like "wizard school robe that looks very much like the ones in the Harry Potter movies" or risk litigation by Warner Brothers. Lucasfilm is much less litigous, but one still needed to be careful. The way I was safest was when someone asked me directly - then I was within the law to make a single custom copy for an individual's own use.

So, how the hell did I "work" at a museum dressed as Nightcrawler?

The answer is, I didn't. I volunteered. I and a few others were invited by a friend who is part of the 501st Legion, a costuming group dedicated to making and wearing very accurate Star Wars costumes. The local 501st group was "contracted" to volunteer for the exhibit and I and a few others tagged along as "friends of the 501st" to represent some of the other movies on display there.

The 501st has very strict rules laid down for them by Lucasfilm that describe the kind of compensation they may receive for their vounteering efforts, of which there are many. (On any given weekend in any given state there is probably a 501st group involved in some kind of charity effort.) They may not receive ANY kind of monetary donation for their efforts unless that donation is to go directly to a charity. (So the 501st could work at a benefit that collects monetary donations that go towards relief efforts for the tsumani victims for instance.) Optional donations to offset the cost of the costumes and the effort of being at the location (travel etc...) are strictly forbidden. They are also not allowed to receive goods that they may sell later for cash. They work for free or not at all - it is a volunteer organization just like any group that works to raise money for charity, they just do it with their presense in their costumes.

Last summer I was contracted to work in costume for Lucasfilm at the San Diego Comic Con. Here's where it gets funny. Because these costumes are technically illegal copies, even LUCASFILM cannot pay us monetarily. My payment was my convention exhibitor badge, a t-shirt, and a non-transferrable Star Wars fan club membership. So while I was at SDCC Lucasfilm owned my ass for half the day and when I was free, I went back to my hotel room and changed into Nightcrawler.


Posing for photos on Hollywood Blvd:
It is interesting to hear about all these people in costume on Hollywood Blvd. I've never heard of such a thing and I think it sounds kind of dodgy. Personally, I wouldn't do it, but that's me. I do this because I love film costume and makeup. When I wear a costume out it is first and foremost for my own entertainment. One of the coolest things about Nightcrawler is the interaction with kids. It's great when they know who I am and many of them do, but it's just as cool when they don't and there's this beautiful moment of discovery when something totally scary and alien becomes human for them. I think those are the times when life is really imitating art and it's very cool to be a part of it.

But I totally went off on a tangent. Back to the superheros on Hollywood Blvd.:

It sounds like they're basically doing the same thing street performers do - entertaining and putting a jar out in case someone wants to throw some money in. I'm not sure of the legality of this, but I've never heard of street performers being sued for copyright violation. When I work it tends to be high profile, like in the museum or at SDCC, but this hanging around on the street is so fringe that I'm not sure if you'll be noticed... I do know that companies do not appreciate it when you slander their characters in any way, but as long as you're not Nightcrawler the Porn Star, you'll probably be okay.

If you think it sounds fun, go for it, but be aware of the potential pitfalls.

Have fun!
-e
Image

thayr
Lubber
Lubber
Posts: 19
Joined: Thu Dec 09, 2004 7:05 pm
Location: Hollywood, CA
Contact:

Yikes!

Post by thayr » Mon Jan 10, 2005 2:59 am

You guys are scaring me with all the legal stuff! It's not as though I'm going to have a cash-drawer and a sign that reads "Buy a Photo with the Amazing Nightcrawler!"

I'm going to be Lightfaller the blue-faced elf, if anyone asks. I really can't see there being a problem with doing this. If it were a big legal hassle I don't think there would be a dozen costumed characters out on the sidewalk.

I'll write again from the Los Angeles County Jail.

Bamfette
Dread Pirate
Dread Pirate
Posts: 3278
Joined: Wed Jun 26, 2002 9:41 pm
Location: Calgary
Contact:

Photos from Hollywood Blvd!

Post by Bamfette » Mon Jan 10, 2005 9:23 am

well, thayr, these characters are not the public's property, they BELONG to Marvel, Warner Bros, FOX, Disney etc. and they have the right to decide how they should be used. These characters are their PROPERTY, and by making money off their trademarked characters, you are in effect stealing from them. if they wanted to sue you, they could, and take all your profits and then some saying that that is money they could have made.

this is why none of the products in the store here have Nightcrawler on them in anything more than a silhouette. if we were to go any further than that, and even that is a bit dodgy, Marvel could sue our ass.

this is why, despite numerous requests, I don't sell any of my fan art in my cafepress store. ever. like Zam, i can do a fan art comission for an individual, and that's ok. but when it gets into selling products like t-shirts and stuff, I am treading on Marvel's territory.

And you could be too, just because Marvel DOES have official costumed characters at Islands of Adventure and they license out costume characters for events from their website

have you ever asked why those people are there? ever occur to you they may have been hired by the copyright/trademark holders or someone who has recieved permission from them to dress up to attract tourists?

and Marvel is very sue-happy. they are suing the makers of City of Heroes because the game has the ABILITY to create costumes that somewhat resemble the Marvel characters if players tried, even though moderators in the game delete these characters as soon as they discover them. they threatened legal action against X-Assault, an online game that was free, where Jim LOST money due to bandwidth costs (like we do here) keeping it online, nevermind the hours and hours he spent making it, etc. X-Assault was a fan produced game, it was basically really fancy fan art/fic and had the participation of the likes of Gail Simone, so.... be careful. they may not notice you, but if they do :-/

I just know that, using Heathen Sent as an example, if someone dressed up as MY Loki for fun, I'd be cool with that. if they made money, i'd be PISSED, and i'd go after them if i discovered them. no one has the right to make money off of my characters except for me. (and C in this case since the characters are co-owned between the two of us.)

Bamfette
Dread Pirate
Dread Pirate
Posts: 3278
Joined: Wed Jun 26, 2002 9:41 pm
Location: Calgary
Contact:

Photos from Hollywood Blvd!

Post by Bamfette » Mon Jan 10, 2005 2:52 pm

Originally posted by Bamf Bunny
Even if you don't use Nightcrawler's name, you'd be infringing on Marvel's rights by using the distinctive look of the character.
quite right. the trademark and copyright don't just cover the name, but the image. it doesn't matter what you call yourself. if you LOOK like nightcrawler, they have that distinctive likeness (blue, yellow eyes, 2 fingers, tail, etc.) trademarked. as well as every costume he's EVER been seen in (well, except generic street clothes). costumes and characters are technically copyrighted the second they see print, even if they don't file for every costume, and for major characters, i'm taking a guess that they probably do.

and for the record, what Bunny said about not making money and still infringing on copyrights is true, though some (most) of the larger companies out there see fan art/fic as a sort of free advertisement and harmless, not infringing on their properties to any significant degree. there are limits, however. Disney sued over a mural painted in a daycare with it's characters, (Warner Bros. then stepped in and painted over said mural free of charge with their own characters) Anne McCaffery did not like people writing her characters out of character, slash fic, for instance, so she siad no, you can't do that, and went as far as to say no fan-fic whatsoever, and it's her right to say that. she's since lightened up on that a bit, though she still asks that all characters be written in character and strictly in her Pern continuity (so no changing their sexual orientation or relationships, no turning a good guy into a bad guy, no killing off of characters, etc.) most though, don't really care so long as you're not making money off it. but if Marvel were to tell me to take down all my fan-art, even though it is for display purposes only, would have no choice but to comply.

HoodedMan
Administrator
Administrator
Posts: 2333
Joined: Thu Jul 24, 2003 11:39 pm
Title: Lord Sarcasmo von Snarkypants

Photos from Hollywood Blvd!

Post by HoodedMan » Mon Jan 10, 2005 4:59 pm

[rant]

How do you know other characters aren't licensed, haven't gotten permission, or aren't employees of the respective companies advertising for them? That would make more sense to me.
Originally posted by Bamfette
[If] you LOOK like nightcrawler, they have that distinctive likeness (blue, yellow eyes, 2 fingers, tail, etc.) trademarked. as well as every costume he's EVER been seen in (well, except generic street clothes). costumes and characters are technically copyrighted the second they see print, even if they don't file for every costume, and for major characters, i'm taking a guess that they probably do.
Actually, I checked trademarks at the U.S. PTO (Patent/Trademark Office) and they neither have the name "Nightcrawler" nor any likeness trademarked.

However, under the Berne convention (which I've mentioned before), they own the copyright since he's been set in tangible form along with his costumes (TV, movies, comics, etc.) They also own a registered copyright.

Cadence Industries Corporation (d.b.a. Marvel Comics Group) owned it the earliest I can see, and it was then transferred to Marvel Entertainment Group, Inc. as of 29 Dez. 1986, who then transferred it to Marvel Characters, Inc., as of c. 1. Sep. 1995.

So Marvel Characters now owns it, disregarding security interests, and can sue you for a lot of money if they felt like it. They could send you a cease and desist first if they wanted to, but they don't have to. If they did, it would DESTROY you financially. My opinion is that "Yikes!" is quite correct; you should be scared.

Sorry about the rant, but I am quite passionate about people infringing on copyrights.
[/rant]
ACHTUNG! Alles touristen und non-technischen looken peepers! Das computermachine ist nicht fuer gefingerpoken und mittengrabben. Ist easy schnappen der springenwerk, blowenfusen und poppencorken mit spitzensparken. Ist nicht fuer gewerken bei das dumpkopfen. Das rubbernecken sichtseeren keepen das cotten-pickenen hans in das pockets muss; relaxen und watchen das blinkenlichten.

thayr
Lubber
Lubber
Posts: 19
Joined: Thu Dec 09, 2004 7:05 pm
Location: Hollywood, CA
Contact:

Hollywood Blvd.

Post by thayr » Mon Jan 10, 2005 10:33 pm

The costume characters are not contracted or hired by anyone. There's a certain area you must be in, which is about a 100 yard strip of Hollywood Blvd. Since the city of Hollywood allows this any sort of lawsuit may have to go through the city before it reaches an individual.

Here is an article about superheroes on the boulevard.
http://www.laweekly.com/ink/04/30/a.php

HoodedMan
Administrator
Administrator
Posts: 2333
Joined: Thu Jul 24, 2003 11:39 pm
Title: Lord Sarcasmo von Snarkypants

Photos from Hollywood Blvd!

Post by HoodedMan » Tue Jan 11, 2005 12:05 am

Originally posted by thayr
The costume characters are not contracted or hired by anyone. There's a certain area you must be in, which is about a 100 yard strip of Hollywood Blvd. Since the city of Hollywood allows this any sort of lawsuit may have to go through the city before it reaches an individual.

Here is an article about superheroes on the boulevard.
http://www.laweekly.com/ink/04/30/a.php
Correction.

1.) They're not booked by an agency, but (most) are looking to be hired.

2.) The city of Hollywood informally and nonofficially allows this. They can not make a state law which would condone it as it'd violate a federal law; they may be able to but it would not hold up in court.

The lawsuit would not have to go through the city; it would come directly to you. Please read the article more fully and I would suggest that you contact an attorney.
ACHTUNG! Alles touristen und non-technischen looken peepers! Das computermachine ist nicht fuer gefingerpoken und mittengrabben. Ist easy schnappen der springenwerk, blowenfusen und poppencorken mit spitzensparken. Ist nicht fuer gewerken bei das dumpkopfen. Das rubbernecken sichtseeren keepen das cotten-pickenen hans in das pockets muss; relaxen und watchen das blinkenlichten.

Northstars Love
Lookout
Lookout
Posts: 970
Joined: Mon Jul 28, 2003 7:10 am
Location: Pair A Dice Island

Photos from Hollywood Blvd!

Post by Northstars Love » Tue Jan 11, 2005 3:17 am

I guess we could dub this the copyright thread?

I agree that the Nightcrawler image and character are copyrighted but can a name be copyrighted? For example, I know of a business called Nightcrawler Pest Control. Would using the name Nightcrawler get Marvel on their ass? I seriously doubt it. Only if the company used the Marvel character as the company logo. So its sorta iffy in that area of copyright infringment. With the name Superman, however, I would have to say yes because that name was created for the sole purpose of that DC character. I cannot find Superman in the dictionary. However, nightcrawler I can (nightcrawler (n.) , large earthworm that comes out at night). If you apply the name "Nightcrawler" with the Marvel image then yes you'd be in some deep crap.


Now, every fan site out there is technically copyright infringing since they are in fact using the names and characters of the X-Men, Avengers or what have you. If Marvel one day said we are going to threaten with lawsuits with every Marvel based character fansite, then I think we'd be in trouble. But I don't see this happening tho since shutting them all down could create a backlash against Marvel. Some of us would stop buying Marvel comics (I would as a protest in their actions) but as Jill has said they don't mind in most situations because its free advertsing. Forums drive discussion and interest in their books and charcters which in turn makes more money for Marvel. As long as their charcters are not being used in a negative light or being used for profit the fan sites will continue to grow in numbers. Not to mention most sites mention that they don't own the characters and they are non-profit.


They don't drag you to court right off bat Thayr. They will tell you to knock it off first since the last thing they or anyone really wants to do is go to court.

thayr
Lubber
Lubber
Posts: 19
Joined: Thu Dec 09, 2004 7:05 pm
Location: Hollywood, CA
Contact:

Don't be so anal.

Post by thayr » Tue Jan 11, 2005 6:32 am

This is something that's been happening on Hollywood Blvd. for a great number of years. I really don't think I will be singled out and sued, or even asked to stop.

Northstars Love
Lookout
Lookout
Posts: 970
Joined: Mon Jul 28, 2003 7:10 am
Location: Pair A Dice Island

Photos from Hollywood Blvd!

Post by Northstars Love » Tue Jan 11, 2005 6:53 am

Originally posted by thayr

Don't be so anal.


This is something that's been happening on Hollywood Blvd. for a great number of years. I really don't think I will be singled out and sued, or even asked to stop.
Was this directed soley at me? Because in no way was I being anal about anything. I was simply saying that they don't hand you a lawsuit right away. They ask you to stop. Anyone for that matter whether it be someone dressed as Nightcrawler or a Stormtrooper if money is involved with a copyrighted character. If you persist then legal action does take place.

I'm sorry if you took what I said wrong but it is no reason to say I'm anal about it.

Tatu
Deck Swabber
Deck Swabber
Posts: 554
Joined: Fri Jul 25, 2003 6:02 pm
Location: deadworld.

Photos from Hollywood Blvd!

Post by Tatu » Tue Jan 11, 2005 8:02 am

Originally posted by thayr
Don't be so anal.
This is something that's been happening on Hollywood Blvd. for a great number of years. I really don't think I will be singled out and sued, or even asked to stop.
if you dont want actual advice then dont ask for it.

Considering Marvel sue EVERYONE for EVERYTHING they're just trying to make sure you be smart about it.
Call me King!

thayr
Lubber
Lubber
Posts: 19
Joined: Thu Dec 09, 2004 7:05 pm
Location: Hollywood, CA
Contact:

Photos from Hollywood Blvd!

Post by thayr » Tue Jan 11, 2005 9:17 am

I'm actually sort sorry I posted in the first place! (not really) I was expecting a "hey that's cool, good luck" sort of response. You guys make me feel like if I follow through with this I'll be doing something wrong (I suppose according to the law... I will be). The anal thing was about all the nay-saying about going out on the street, being so meticulous about the copyrights and all. Whatever the laws may be, everyone else is doing it, so what the heck. I never really thought of it as a big deal, this is something that happens in Hollywood. I wouldn't do it if I were the only one in some other city, but there are many other heroes right there to watch my back! If I get in trouble over it I'll let you all know and you can say "I told you so."

thayr
Lubber
Lubber
Posts: 19
Joined: Thu Dec 09, 2004 7:05 pm
Location: Hollywood, CA
Contact:

Photograph

Post by thayr » Tue Jan 11, 2005 9:46 am

http://you-are-here.com/hollywood/6927.html

Some superheroes on Hollywood Blvd.

Bamfette
Dread Pirate
Dread Pirate
Posts: 3278
Joined: Wed Jun 26, 2002 9:41 pm
Location: Calgary
Contact:

Photos from Hollywood Blvd!

Post by Bamfette » Tue Jan 11, 2005 10:09 am

the point that they're there isn't the issue, the issue is if it is legal or not. technically, what they are doing is illegal, plain and simple. there could be an incredible turnover rate of costumed characters for all you know because they all get filed with cease and decist letters.


and there is an easily obtainable finely woven wire mesh that we used all the time at Street Characters which would have fixed that 'holes in Spidey's eyes' problem.. ew... a friend of mine made a Spider-Man costume using that mesh, and it looked a hundred times better.

Originally posted by HoodedMan


Actually, I checked trademarks at the U.S. PTO (Patent/Trademark Office) and they neither have the name "Nightcrawler" nor any likeness trademarked.
really? I was sure i had seen the 'TM' in reference ot Nightcrawler somewhere, guess i was wrong... i would have thought they would have, they've trademarked others. one that i know of because we looked into it or Heathen Sent was that they have 'Mighty Thor' and distinctive likenesses thereof trademarked. but plain old 'Thor' is still good to use, since they can't trademark the name of a god.
Originally posted by **Northstars Love**
I guess we could dub this the copyright thread?

I agree that the Nightcrawler image and character are copyrighted but can a name be copyrighted? For example, I know of a business called Nightcrawler Pest Control. Would using the name Nightcrawler get Marvel on their ass? I seriously doubt it. Only if the company used the Marvel character as the company logo. So its sorta iffy in that area of copyright infringment. With the name Superman, however, I would have to say yes because that name was created for the sole purpose of that DC character. I cannot find Superman in the dictionary. However, nightcrawler I can (nightcrawler (n.) , large earthworm that comes out at night). If you apply the name "Nightcrawler" with the Marvel image then yes you'd be in some deep crap.
You can trademark a name when used in association with a certain product, intellectual property, or service. for instance, there is Apple computers, and Apple records. if Apple computers got in on the music recording industry, they would then be infringing on Apple records trademark, but as long as they stick to computers, the trademark is theirs.

User avatar
JUSTOOGOOD
Lubber
Lubber
Posts: 46
Joined: Sat Nov 20, 2004 7:22 pm
Location: UK

hey that's cool, good luck

Post by JUSTOOGOOD » Tue Jan 11, 2005 12:30 pm

Thayr: I think you should just get on with it, do what makes you happy. Hell, technically I infringe on Marvels copyright on wolverine every day, what do they expect me to do? shave off my side burns? I don't think so. Like someone said; certain laws are only ever really applied to people who break them in a huge way.
I wouldn't lose too much sleep over it and I'm sure you don't either.
I'm sorry if my confused state and subsequent post regarding money and copyright caused people to veer off the simple make-up topic that you intended this to be. *hangs head and apologises profusely*
Next time you may want to call your topic "ZAMWEASEL: a question about make-up/cosplay" ;)
I'm the best there is at what I do...
...no wait,
...that's someone else.

*ANYTHING STATED IN THE ABOVE POST IS MERELY THE OPINION OF MYSELF: UNLESS SUPPORTED BY FACTS/SOURCES ETC*

Bamfette
Dread Pirate
Dread Pirate
Posts: 3278
Joined: Wed Jun 26, 2002 9:41 pm
Location: Calgary
Contact:

Photos from Hollywood Blvd!

Post by Bamfette » Tue Jan 11, 2005 1:46 pm

oh yeah, good point. when i worked at Street Characters, i got to know a lot about working in costume, and heard a LOT of horror storiesabout people beating the crap out of people in costume just because they thought it would be funny. (and had to repair the damage to costumes resulting from these incidents) at SC in the taining manual they say you're supposed to have a spotter with you to make sure people aren't damaging the costume, make sure you watch your step if your visibility is limited, and protect you from people like that. but there's only so much you cna do. they even had a spotter training thing.

heh, the mascot for the Tampa Bay Devil Rays was in the shop while we were making his costume, and he is an ex-Navy Seal so he never had any problems with those people, he could put them in a hold that looked friendly (for benifit of the onlookers) but was very painful when they tried. but he certainly had a lot of stories of people who TRIED to hurt him in costume.

Post Reply