Hot Toys Issues Infringement Notice

[Mike86]

From a business standpoint they have every reason to do this. Whether people think it's fair or don't like pricing or whatever if companies are recasting their sculpts or other items that's a problem and no company would stand for another company essentially stealing work and reselling it.

 

[Motuxmen]

I think they only have standing to make a claim on properties for which they hold the licence. So then that goes to the extent of the licensing agreement. Are they licensed to make ANY Bucky? Or just combat Bucky?

And i didnt see it, but what are they going to do about it? It's not like these retailers are hiding. Theyre out there in plain site.

It doesn't take much for them to crack down. When it's a few minor figures filling areas they don't intend to dig into they where fine letting it go. But the illegal/knockoff/recast figure market has exploded. It's at a point where they can't just ignore it. And for those that think or say it's just BS and means nothing...if hot toys doesn't ask and get license enforcement and other company's see Disney or marvel or WB not enforcing copyright there are both legal reasons (if a company knows there are copyright violations and doesn't enforce them it can lead to a void of all contracts for breach, and it can lead to loss of IP rights and other issues) and reasons normal fans should care...like the fact that it can kill an entire market or company as well as a studio. If no one pays for licensing or even a percentage of licensing it would severely hurt the company.

There's also quality and customer service issues collectors would be effected by. If itscall knock off or whatnot then there's no real customer service.

As for what they can do...hot toys could easily crack down. The FBI and homeland have a division specifically for this. They can close any Facebook page, website ect without anything other then proof or lack of proof of licensing. Takes a phone call from hot toys varified by Marvel and any site selling an unlicensed figure gets shut down. If it's made in China, they now have a new copyright enforcement agency that can seize any bank accounts, Paypal, buildings, products and do so without courts. Hot toys has thus far choose not to take these steps as the vast majority of products are not in direct competition (meaning not the same like punisher) or of small enough quantities that it didn't matter to them. (Also they where very upset by the fox/xmen issue as when they paid money for the rights fox did not disclose they need for actor likeness in a way they understood so when Prof X was submitted for approval is when they found out) so they where ok with people sticking it to fox a bit though they would never admit it. But with Deadpool and the new team at fox in licensing they have shifted that. Especially with five xmen films(all with normal licensing deals included for actors just like marvel or WB does) currently in some form of development.

This notice from hot toys was easy to see coming.

Just like what happens with the knock off Jordans. Nike let it go for a bit, but when it actually infringes on their business and risks popping the balloon of growth they had to act. Marvel has also been getting complaints about 1/6 market and forwarded those on to hot toys, who was then forced to address the issue.

 

[JerrytheBatman]

I understand this, but, shouldn't Hot toys go after the Factory leaks? Someone is leaking the head sculpts....

 

[medicomsucks]

Didn't they send out one of these after the first wolverine figure came out as well?

 

[ali032373]

But the tone of the letter (if it's real) is NOT "we've had enough and we're cracking down on the bootleg market". Instead, the letter is politely asking consumers to report suspected bootleg merchandise. Thats a world of difference between the two. This isnt even a letter aimed at a company, it's to customers.

If they wanted to get tough this was not the letter to release IMO, which suggests to me this is toothless. Theyll look even weaker if nothing changes in 6-12 mos.

 

[ali032373]

Thats not to say they could have issued something privately but this letter is still pretty weak.

 

[Plastic Bateman]

Dear Hot Toys,

Blow it out your a**.

Yours sincerely,

PB

 

[HDGuy84]

Part of their increased prices could be attributed to the knockoffs.

I think Hot Toys is right in going after these people that are taking their hard work and making a buck of it.

 

[RIDDICK]

Ah, yes. I forgot that HotToys used to be bootleggers. FAMOUS TYPE or something like that...

 

[The Green Goblin]

As far as I'm concerned, HT can shove their infringement notice where it's dark and hot.

If they had reasonable prices, people wouldn't have to buy KO items and would gladly buy originals. So they made their own mess, let them drown in it!

Agree wholeheartedly. If they threw us a bone and lowered the prices of these things to something more reasonable, maybe I'd care.

 

[HDGuy84]

Agree wholeheartedly. If they threw us a bone and lowered the prices of these things to something more reasonable, maybe I'd care.

Much like theft in a retail store the increase in prices might have a small part to due with knockoffs. Costs associated with theft trickle down to the consumer.

 

[HYMN]

They are right. Period.

I know HT figures are very expensive in these days. I think they much more expensive than they should be. But they have licenses. They pay for it.

 

[HDGuy84]

They are right. Period.

I know HT figures are very expensive in these days. I think they much more expensive than they should be. But they have licenses. They pay for it.

Agreed. But we also don't know how much they pay for licenses, or if the fees associated with that have increased.

End of the day they're still a business and their bottom line is what they're most concerned about.

 

[ali032373]

So if they didnt pay a lot for the license then bootlegging is ok?

I dont think the cost of the license is relevant. In theory they could have been gifted the license. Or paid $1 for them. The cost of the license does not affect their rights. They have the sole legal right to produce these figures. They are protecting their rights.

 

[MACHone]

They have margins too...and I suspect that despite paying for licenses they could still turn a nice profit without the gouging. If the quality was there they would have a better excuse for the pricing...but it's not. They come across as greedy and lazy because they think they are the gold standard. They did raise the bar, but there are many companys making some comparable products out there.

I honestly believe that Hot Toys raised the prices based on what was happening in the secondary market. Because Iron Man figures were selling on Ebay for $800 each Hot Toys woke up and said whoah, we can get a bigger piece of the pie on each release. If you look there os a direct correlation. I noticed some of the rereleased figures such as the Predators were the start of sizeable price increases. I even sold some of mine on ebay thinking I would be happy to get the new updated figures at the higher prices because I got so much for the originals on ebay.

 

[**16k**]

Their products are mass produced art works, I'm pretty sure they can price it however they want - you don't need these, you just want them. If you can't afford them don't get them, bloody hell people in this hobby are so entitled.

What? You've seen art somewhere?

Strange, I just see plastic dolls!

Bloody hell, rich people are so entitled!

 

[jacerc130]

What abou things beyond figures? The kryptonite spear? The deadpool robe? Do they hold a license for things like that? What about characters or things not even in the movie- like Dogpool, or lady deadpool?

And isnt this like a bit like asking the addict to report the dealer? This is crap we all want. Or at least want the option to buy. It's stuff HT will never make.

I do get their point on counterfeit stuff- knock offs. The rest of it is a massive legal grey zone.

They don't want to spend the time and money to track down all these knock off producers, they want us to do it for them while we hand over $250 for a bare bone figure with no accessories and 2 sets of hands LOL

Beside that, what is wrong with recasting a HT headsculpt. Last time I checked if I just wanted a headsculpt they don't sell those.
Maybe HT should start producing parts for certain lines for awhile after the main figure line has sold out. There is an idea.

 

[RIDDICK]

"Mass produced art works"... Oh, boy.

 

[HDGuy84]

So if they didnt pay a lot for the license then bootlegging is ok?

I dont think the cost of the license is relevant. In theory they could have been gifted the license. Or paid $1 for them. The cost of the license does not affect their rights. They have the sole legal right to produce these figures. They are protecting their rights.

If this was addressed to me, then I'll reply with "I never said that."

I said that if their costs rise then our costs ride in purchasing their products.

If it was addressed to me I have no idea how you would have come to that particular conclusion.

 

[Snake Plissken]

"Mass produced art works"... Oh, boy.

Yeah no kidding. **** HT and Howard. They've increased their standard figure prices from a few years ago by over 50% that come with next to nothing. **** them.