Really, Dollmore? Blatant Kuroshitsuji rip-off

This stuff happens every day. I see no reason to get all worked up about it just because it's happening in the doll world. Just walk into a costume or Halloween store some time and look closely at the labels on the costume packages. There will be a few legit Disney/Austin Powers/whatever costume, but amongst those are tons and tons of "Princess girl", "British Spy", and other clear copies. And even the standard "Generic" costumes were designed by someone, at some point, and thus are also "ripoffs"

Dollmore probably replied honestly about the basis of the costume because they were trusting that the person who emailed them was just curious. I'm thinking they aren't expecting someone to come after them with lawyers for it, especially considering they're not the actual creators of the Manga.

 

I am a GIANT fan of kuroshitsuji, and was soo hapyp when I saw this,

but I got extremely upset when they didn't state it as Ciel's costume

if they only gave credit, then maybe I wouldn't be soo urked ;A;

 

I think had they credited the original designer, I wouldn't be so offended, or disappointed in the ways of their practice, so to speak. But that's only personal opinions towards an issue that is far greater than and will not be ruled in Court by personal perceptions of the legal system.

IP law can be very murky around the edges and is often best protected if your product falls within very specific categories.

Now we are looking at 2 completely different and separate sectors of IP law. One of which is the Copyright Law, that governs physical ideas laid down on paper, or show any physical evidence of belonging to its original creator. Automatically instated the moment it is created and requires no fees, no registrations, etc. Which in this case refers to the "DRAWN" designs of the dress set for Ciel by the respective artist of Kuroshitsuji.

The second would be Design law which covers any physical designs made into 3D products, and protection is provided for the extend of 10 years, only if a significant amount of fee is paid and that every detail of the product is trade-marked (yet again, extending into another complex area of IP law), patented, etc. which in this case refers to the actual product made by Dollmore.

Now this issue, or many others just like it, it is only disputable, should the artist of Kuroshitsuji have actually gone through the trouble of making her design into a textile (3D) existence and have since, gone and trade-marked, patented all the significant details of her design. Not to mention getting international trade-marks in every country perceivable, since trade-marking law only covers you in the Country in which it is applied.

So when we take it down to the basics, yes it is a rip off, and yes it is very obvious. But no, the legal system can not help, because it is flawed. This is why, major designer brands change so often, because they would end up spending more time, effort and money, simply trying to prevent theft, than they could make by spending that energy on designing something new to replace the old. Take Furniture designers for example, they would register their 3D designs in specific ways, that in 10 years time, they can still have the exclusive right to produce what they had created 10 years ago, by altering minor details of the original design and having that "new feature" registered once again for another 10 years. And things just keeps repeating itself.

And to bring up a more close to home example; CP from Luts, and Fairyland, Patents their unique waist/ joints designs because that's the only way they can stop other doll companies from copying. And that's top dollar stuff.

This copying issues had been raised a couple of times, and honestly, the artists themselves might see this as some extra promotion, at no cost to themselves. Not that this makes it acceptable on moral terms, but there's just no way of full-proof protection without forking out huge amounts of money. And in the end, it only lasts 10 years for items registered under design law, and for as long as you're willing to pay the renewal fee, for things that you have trade-marked.

So unless the artist of Kuroshitsuji has started a clothing range based on her designs for her Manga, and had gone through all the above-mentioned troubles, then yes, we have a case.

Maybe, people just need to be more educated in these, rather complicated areas. I mean it's pretty obvious that Dollmore knows it's ripping off of the manga, and don't want people to notice, while they neglect the fact that a large proportion of the people within this hobby are Anime fans. Legally they have no obligation to reveal anything behind the inspiration of this piece or work, but on Moral terms, A simple credit would have suffice.... For me that is

And please don't egg me if you think what I've just painstakingly typed is not your cup of tea. I had to seat through seminars to understand what I once perceived as rather straight forward - I made it, no one else can use it. Which isn't all that true anymore....

 

Who cares? Be happy that they did Anime cosplay for BJDs. Wish they would do some characters I love.
Anyway even if they had say the name of the anime (which I never heard of) the Mangaka still wouldn't get any money from this. So whats the big deal?

 

In and out of Japan and in some similiar Asian countries, copyrights over anime seem to not be a big deal. Companies EVERYWHERE especially out of China rip off anime all the time. Merchandise that you find at anime conventions, some of it wyou find in the dealer's room is bought from companies that mass produce items from the anime in China, and they aren't licensed by the American licensee. probably because (and i am guessing,) that in Japan you don't require the lisence to produce an item from an anime. Doujinshi is another great example. I don't believe that the creators of any anime are getting a single dime for all the hoardes of fancomics and doujinshi being produced and sold. Same as fanart, once again, sold at conventions.

 

Well...that's a bit aggrivating that they didn't give credit, in fact, it's even similar to the manga version.
But in any case, perhaps they did have an untold contract? I doubt it, but still.

 

in the description above the first picture it says it may make u think of the dress that "Audrey Hepburn" from the movie "My Fair Lady", not from Blatant Kuroshituji episode

 

That is false. Japan, like the majority of world countries, has signed the Berne Convention regarding copyright laws and regulations.

Doujinshi and fanart are technically illegal. However, most creators turn a blind eye because fan works actually help them with their publicity, and they know that whatever profit is made on their works, due credit is given and the earnings are miniscule. Perhaps even because they enjoy seeing what other people end up doing with their characters.

However, you should see how the Japanese deal with copyright infringement. Especially in the manga/anime industry.

 

I'd buy this in a snap. Saves me the trouble of trying to pull one together myself. =)

(Now if they'd do one like his blue daywear outfit with the top hat...)

 

Personally I don't see anything wrong with it either >_>

Sure, it might be annoying or rude to some, and I think it's kind of tacky that they're saying it's "Audrey Hepburn" inspired when it looks more closely inspired by BB, but either way, people will still buy it and do with it what they will.

I'm pretty much positive that Dollmore isn't the only doll company to ever have done this, and guaranteed it's not the only company ever to have done it. And it's not the only company who will KEEP doing it either ^^;

It's kinda cute, too >_>;;

 

Who knows, maybe the original design is not from the anime either?

I never liked the anime and i hate crossdressers, I would buy the dress in a heart beat if I had a girl though xD

 

Ah yes, i've noticed the similarity of the dress that they have launched and the one that Ciel was wearing. I guess that they should have either tweaked part of the design or totally credit the creators!
:/

 

Rip offs make me angry too, but they are not necessarily illegal. Having once worked for a big company that 'borrowed' ideas all the time....the basic rule of thumb in this type of category is that you have to change 3 things from the original, so it does not infringe on copyright.
But, I agree...the example you have here is so blatantly obvious....they could have at least changed the color!

 

In all likelihood they didn't mention the name of the anime the same reason pattern designers don't mention the name of the movie they are inspired by. They aren't the official release. You notice in a pattern book if it's official it will state the character's name and big bold "official" all over it. If it's just a copy it gets a vague name.

Case in point... like what was stated above. You WILL find the official version of one of Disney's Princess costumes... and you'll also find the costume inspired by Disney made by some other company. They are not allowed to call it "Ariel" because Disney owns the rights to that and they aren't allowed to claim to be Disney when they aren't. That's why the character's name is omitted.

There's a fabulous Jack Sparrow-esque pattern in the pattern books. They are allowed to show it there... but they have to call it something like "captain on the high seas." If they even mention Jack or Sparrow or PotC, Disney would be all over that with cease and desist. Companies get in big trouble if they try to claim they are connected to the franchise when they are not.

Someone mentioned Gaia. Gaia DOES have officially sanctioned movie tie ins. These were approved by the movie promoters themselves so they are official to the movie. That is the only way they can use the official movie names for the items they make. Kinda like how Happy Meals release toys in promotional tie in to movies. The company that makes the toys do it in cooperation with the movie company so they can use the official names.

 

thats not cool man >:[

i can see some differences between the two but their similarities are crazy. can they do that? i mean, even if you change some details, its still the same dress in the end. they should of changed the color i dunno! i design clothing and whenever i see ripp-off of my clothing i get mad >:[ if you're going to copy something a least do a good job, dang it!

but once you think about it, people do have their dolls cosplay. this may of been a release so BJD owners could have their dolls cosplay ciel. i love kuroshitsuji and even though i'm mad, i'm giddy that they have this dress for a doll!

 

I'm honestly surprised that this is still such a hot topic of discussion.

I look at it this way, if it rubs you the wrong way, just don't buy it. Dollmore isn't using the name of the manga/anime as a way to boost sales or anything. It's up to the buyer to either buy or not buy based on how they feel about the issue.

If you like the outfit because it looks like Ciel's dress and that's the reason you want to buy it, by all means, do it. If the fact that it resembles Ciel's dress with no credit to the mangaka bothers you, don't buy it. Even if some people don't agree with or support it, others do so we'll just have to settle on people feeling different ways about it.

 

Maybe they asked for permission and the manga writer said they did not have to credit them cuz it was obvious where it came from? :3 whatever the case I have to admit I love dollmore non the less

 

It's not any different from artists selling fan art at cons. It's not right, but it happens.

 

well not really i think. because it is cosplay, ppl know its from a manga serie and that its not an original idea of the person who sells it.
and anyway its like: here are the naruto costumes, here the chobits.... blahblahblah
so somehow it gives credits. me its really just the credit thing that bothers me :/ its important to credit the original artists, ppl!! >:0 remember that!!

 

so i'm not the only one who noticed this?

dollmore is great 0___e they are selling dolls with pamela anderson breast (LINGERIE model) and they are selling stripper clothes! yay