DC/Marvel Penguins available

oldjello · Post by **oldjello** » Thu Nov 30, 2006 11:50 am

Vault-Keeper wrote:Thanks for the info, jello!

Not a problem. See you on the other side, I guess.
My previous post was an attempt to show the strange world that we know as copyright, and the wierd legal turns it can produce.
I do not work in the comic book field, but the video field in an educational institution, and was stressing the importance of knowing what the rules are, and how certain decisions could imply legal ramifications.

I think the penguins look cool. I hope they can be produced without incident. It's usually when something harmlessly produced can cause a stir. I honestly don't know the history of VK, except for what I have seen on these boards, and Lyria.

Since I have had no issue with VK, I choose not to get involved, but try to provide information to both sides (regarding parody-more as an educational tool than an offensive). I'm sure Mr. Chen has had to deal with copyright issues, since he is indeed in the business. I have no need to question his integrity in this regard.

greg wrote:Sean Chen, an industry professional for the past 15 years, is an individual that I trust.
I may be mistaken in allowing the distribution of his statue work, however, I am not mistaken
in my assessment of his qualifications.

Sean Chen · Post by **Sean Chen** » Thu Nov 30, 2006 2:12 pm

Legally I don't think I am in my right to reproduce any of the statues that are offered up here, but if you take into consideration the whole picture, it is sorta the equivilant of driving over the speed limit. There are different levels of breaking the law. Some levels are so minor that they that they are hardly worth bothering with.

A legit company that mass produces statues can sell 10 thousand units and make a hefty profit. An illegal operation that bootlegs or recasts that statue and sells them for a hefty profit is clearly breaking the law. Much of the damage they do to companies is to produce an inferior product that can be confused for the real ones thus hurting the companies reputation, as well as leeching their profits.

Here are the conditions that I am working under:

Even though they are trademarked characters, they are original sculpts. There is a world of difference between me and a bootlegger who merely copies and contributes no artisitc or creative effort or time.

The number of units produced is 30-40 if that. Not thousands. Nobody is getting rich here. Many people grossly understimate the time it takes to create and produce an original sculpt. That is why I do this as a hobby.

I make no use of any mass production equiptment, assistants, or services.

They are sold mostly to a private group of collectors, or at my table at artist alley.

In additon to a recognizable trademarked character, what else is for sale in the statues? My design skill? my sculpting ability? my hand painting effort? My signature?

Can any company say that my work is harming their reputation or profits?

I know that it is not for me to answer these questions for the respective companies, but they will be asking themselves questions like this. If I ever get slapped with a Cease and Dessist (sp?) Order, I will stop any offending action immediately with no argument, because I simply have no argument.

Small scale selling of orignal sculpts of trademarked characters to a limited audience is a common practice amongst sculpting afficianodos. There are just so few of us, and our output capability is so innefficiant that nothing we do is even a blip on their radars.

I am continually looking into this matter and constantly putting out feelers to make sure that nobody or company is significantly offended by these projects. I am much more familiar with doing convention drawings and commisions since there are hundreds of artists that I know that engage in this very common practice. Sculpting is a much more rare endeavour so there is much less precident.

Hope this clears things up a bit.

-Sean

siren3-4 · Post by **siren3-4** » Thu Nov 30, 2006 2:32 pm

Thank you for that insight I love the penguins and the statue is amazing. You have a fan for life

magnusr · Post by **magnusr** » Thu Nov 30, 2006 4:57 pm

Sean Chen wrote:Hope this clears things up a bit.

-Sean

It is common practice for artists in the biz to make commissions and con sketches of characters they do not own. While this strictly speaking is not legal, I still order commission as I trust the experienced artists to know what usually is unofficially accepted by the copyright holders. Same thing here. Thanks Sean for sharing your view and your experience. Also thanks to oldjello.

/Magnus

Squirrel · Post by **Squirrel** » Thu Nov 30, 2006 7:14 pm

magnusr wrote:
Sean Chen wrote:Hope this clears things up a bit.

-Sean
It is common practice for artists in the biz to make commissions and con sketches of characters they do not own. While this strictly speaking is not legal, I still order commission as I trust the experienced artists to know what usually is unofficially accepted by the copyright holders. Same thing here. Thanks Sean for sharing your view and your experience. Also thanks to oldjello.

/Magnus

funny you say this, as I was reading this thread I was thinking, "what about all the artist's at cons that do sketches and sell them"? Should they all be arrested for copyright infringment as soon as they hand over the sketch to the 'undercover cop' who took the time to pose as a zit faced comic nerd? I for one dont care to argue this...so I'm stepping away from this thread.

Keep the items coming, they are great works of art!

And thanks for a great site and board!

David_Cody · Post by **David_Cody** » Thu Nov 30, 2006 7:30 pm

Svair or Sean,

Are there any additional Marvel/DC penguins for sale? Not full sets mind you, but any individuals?

Thanks,

David

svair · Post by **svair** » Thu Nov 30, 2006 8:19 pm

I've really got to get back in the game...too many projects hovering around and I haven't dedicated 100% to one in particular...

my bad!..

I'll talk to Sean and see what the deal is with the penguins...We had some orders which we haven't even started accepting payments for ...I'll post what is left after that

I'll hopefully square everything away with Sean this weekend so we can get everything out asap....

Sean Chen · Post by **Sean Chen** » Thu Nov 30, 2006 8:53 pm

Are there any additional Marvel/DC penguins for sale? Not full sets mind you, but any individuals?

The reason we haven't filled any orders of DC/Marvel Penguins, is because I underestimated how much inventory I would need. I thought that offering them up would yield some interested takers, similar to how they sell at conventions. There are only a limited number of them that can be made, and even fewer that acually are in inventory. If the orders from this site exceed the number I have of any style of penguin (even by one), then the whole deal is off. There is no way to be fair about who loses out. I'm not a fan of "first come first serve" or "highest bidder gets the goods"

I've found that conventions are ideal for selling the penguins since I don't need 20 of each one, rather like 3, and if any sell style out, the people never even know it was available. This scale of this project is best marketed to individuals.

The Valiant Penguins are a whole different story because those are made specifically for the registered members of this site only.

-Sean

SGT · Post by **SGT** » Mon Aug 18, 2008 10:05 pm

Sorry to bring this thread back from the dead, but are the penguin figures still available?

Elveen · Post by **Elveen** » Mon Aug 18, 2008 10:10 pm

SGT wrote:Sorry to bring this thread back from the dead, but are the penguin figures still available?

I believe yes.

Sean did not have any at SDCC, but from what I remember..... if you contact him before a show, he will bring some.

SGT · Post by **SGT** » Mon Aug 18, 2008 10:12 pm

Ok, thanks. I PM'd him so we'll see.

superman-prime · Post by **superman-prime** » Mon Aug 18, 2008 10:13 pm

I was about to say, ive never seen this one

caxiotis · Post by **caxiotis** » Mon Aug 18, 2008 10:15 pm

SGT wrote:Ok, thanks. I PM'd him so we'll see.

Dude...................do you realize this thread is from two years ago and this is your first post. I just don't understand people.

Elveen · Post by **Elveen** » Mon Aug 18, 2008 10:15 pm

SGT wrote:Ok, thanks. I PM'd him so we'll see.

You also might see if you can get ahold of him off this site.

Try here http://www.theblvdstudio.com/sean1.html

Daniel Jackson · Post by **Daniel Jackson** » Mon Aug 18, 2008 10:20 pm

Welcome to the site, SGT. Good luck on the penguin hunt.

SGT · Post by **SGT** » Mon Aug 18, 2008 10:39 pm

caxiotis wrote:
SGT wrote:Ok, thanks. I PM'd him so we'll see.
Dude...................do you realize this thread is from two years ago and this is your first post. I just don't understand people.

Dude, yes I do realize how old this thread is which is what I mentioned in my first post. What does my "first post" have to do with anything? I found out about these penguin figurines in a google search and thought it would be a cool gift for a friend.

SGT · Post by **SGT** » Mon Aug 18, 2008 10:40 pm

Elveen wrote:
SGT wrote:Ok, thanks. I PM'd him so we'll see.

You also might see if you can get ahold of him off this site.

Try here http://www.theblvdstudio.com/sean1.html

Thanks, appreciate it.

SGT · Post by **SGT** » Mon Aug 18, 2008 10:40 pm

Daniel Jackson wrote:Welcome to the site, SGT. Good luck on the penguin hunt.

Thanks Daniel. Hope I can get my hands on them.

Daniel Jackson · Post by **Daniel Jackson** » Mon Aug 18, 2008 10:55 pm

SGT wrote:
Daniel Jackson wrote:Welcome to the site, SGT. Good luck on the penguin hunt.
Thanks Daniel. Hope I can get my hands on them.

I have all of the Valiant Penguins out so far and they are awesome.

Rufusharley · Post by **Rufusharley** » Tue Aug 19, 2008 12:32 am

welcome to the boards SGT.

Hope you're able to get some of these. they do make great gifts.

And not to bad of a first post.

whovianone · Post by **whovianone** » Tue Aug 19, 2008 6:46 am

I'd say that this is akin to show sketches. In that case, the character's distribution rights are not owned by the artist, and I don't think (insert big comic company here) is going to come down on someone for selling a sketch for a monstrous price of one of their characters. I'm sure it skirts at the very least accross the laws that are in place. But, the absolute worst thing it could be is even more positive advertisement for their comics and other products.

However, these are more of a parody, and a VERY flattering one at that. I'd say that from what I've read and seen out there that this is more legit than show sketches, etc. They are not mass produced, are offered to a select section of the public, and certainly are not in danger of "doing harm" to the interests of the companies involved.

I'm no lawyer, and our resident barrister hasn't chimed in yet, but I'd say that even if there was a legal issue, it's hardly worth DC or Marvel coming down on.

Plus, let's face it, how bad would it look for Marvel to sue Sean over cute little penguins he only makes 50 or less of.

I can see the news reports now....

"And, in entertainment news, the Marvel Comics Group is taking their fight over copyright interests to court. Sean Chen is being sued over these cute little penguin statues. Awww... aren't they cute?"

That having been said, Sean.... How abouts a Flash or Sgt. Rock-guin?

Oh, and if you like these, GET ONE. I love mine. I'd kill to get in a regular Valiant slot.

(Well, I had to squash a bug this morning, does that count?

)

svair · Post by **svair** » Tue Aug 19, 2008 1:56 pm

Hey Guys...

Sean has been a tad busy lately...with all his "Secret Invasion" stuff coming up at Marvel, the new baby, and a new house..he hasn't had time to even answer all of his pm's and emails.

As of now his inventory is low on these penguins. He hopes to have some time to start making some more soon.

I'm sure once he's able to make more we'll be able to start announcing how to get them.

As for the Valiant Penguins...all the past editions are sold out and unavailable from Sean..It's best to try and barter with someone here on this site.