On Faux-OFs and Plagiarism

Definition from Merriam-Webster

I cannot believe this is something that needs to be said, but it's an issue that has cropped up multiple times, perpetrated by multiple people recently. 

Customizing Breyers is okay. 

Customizing Breyers in a faux-OF style (leaving the whites bare plastic) is okay. 

The lone faux-OF in my collection

What is not okay is creating a direct copy of an existing Breyer model (particularly a rare model). It is never okay to sell that copy. 

It doesn't matter if that model is marketed as a custom. Five years down the road when it has passed through several hands, there's nothing to prove that this model isn't authentic, particularly if the model is unsigned.  

Not to mention, Breyer hired an artist to design that pattern. It's ripping off active hobby artists for personal gain. 

Not "inspired by" another artist. 

Not creating a unique pattern. 

Directly copying another artist's work. 

It's unethical and it's gross. It's plagiarism. 

This hobby has a long memory and a habit of keeping receipts, and this is the type of behavior that will ruin a reputation for years. 

There are ethical ways to customize - remove existing logos, sign and date your work, don't do exact copies of existing designs (from making an exact 1:1 copy down to copying the pattern), and when the entire hobby tells you it's a bad look, maybe listen to them? Just a thought. 

Additionally, all customs are one of a kind by nature. Advertising a faux-OF as an OOAK can be confusing to non-hobbyists, who may not realize the difference between an original finish model and a faux-OF custom. It may not have been meant to be misleading intentionally, but like with creating direct copies, intention matters little when the model is sold several years down the road.

(This sentiment also applies to glossing and mattifying OF models, FYI. The preferred ethical measure is "please do not do this, but if you do PLEASE sign it underneath the sealant") 

https://www.copyright.gov/help/faq/faq-definitions.html

Another concept that has come up recently is 3-D printing resins that are either existing or modified Breyer and Stone sculptures. This goes even farther into copyright infringement than faux-OFs do. This is behavior that will get you a cease-and-desist notice, if not outright sued. 

It's a known fact in this hobby that Breyer was not allowed to use the Proud Arabian Mare and Foal molds for several years after they were deemed to be too close of copies of Hagen-Renaker's Large Zara and Large Zilla. They have only been able to use Hagen-Renaker sculpts since through a licensing agreement with the company - they are paying for the rights to cast the molds in plastic. Note that the new shrunken version of Large Zara introduced in the Stablemates Club has both the Breyer logo and the Hagen-Renaker logo on her belly. It's also a known fact in this hobby that casting resins based on extreme resculpts of original finish molds must be approved by the company first, even if the sculpture no longer bears ANY resemblance to the original. 

Madonna's belly, with Breyer and Hagen-Renaker logos

I don't want to see anyone get sued, and I equally do not want to see anyone get misled, whether intentionally or not, into buying something that they think is a rare original finish model that is nothing more than a copy. It's simple enough to avoid - don't make something that is an intentional copy of something someone else made.