COUNTERFEITS & COPYRIGHT
In the reborn doll industry, understanding the legality around intellectual property and trademarks is crucial. This section provides essential information on copyright protections, the illegal nature of counterfeit and replica reborn dolls and kits, and the legal consequences of violating these laws.
Fact: Artists own the rights to their work, with or without legal registration & importing or exporting counterfeit kits and dolls for personal use or profit, is ILLEGAL!
What are examples of intellectual property infringements in the reborn doll industry?
- Producing and/or distributing (importing or exporting) unauthorised copies of dolls or kits.
- Sellers of any kind, selling a reborn kit or doll that is an unauthorised copy of an artist's sculpt or kit design.
- Using the name or signature of the original artist in a sales listing for an unauthorised copy of a doll or kit, including the original artist's name on the unauthorised kit itself (printed or molded in the vinyl), or on a fake Certificate of Authenticity (COA) without the original artist's explicit permission.
Do artists have automatic copyright when they create their artwork?
Yes, artists automatically own the copyright to their original work the moment it is created, without the need for formal registration. This grants them the exclusive rights to control the reproduction, distribution, and modification of their work.
Do the factories they send their sculpts to for authorised production, have the right to legally reproduce and sell those kits themselves?
No, factories do not have the right to reproduce or sell an artist's sculpt without explicit permission. Any unauthorised reproduction or sale is considered copyright infringement, even if the factory was involved in the initial production process. This also applies to any individual or company that sends authentic kits to factories for unauthorised reproduction.
Does registering a legal copyright prevent an artist’s work from being illegally reproduced and distributed?
Registering a copyright DOES NOT stop illegal reproduction or distribution, but it strengthens the artist’s legal position. If infringement occurs, a registered copyright makes it easier to pursue legal action and claim damages.
What is a counterfeit reborn doll or kit?
A counterfeit doll or kit is an unauthorised, illegal copy of an original artist’s sculpt. These copies are made without permission and violate the intellectual property rights of the creator and are often marketed as an original, using the sculpt name and artist. Anyone involved in producing, distributing, or selling counterfeit reborns is committing intellectual property theft, which is illegal in most jurisdictions and may result in civil or criminal penalties.
What is a replica doll or kit?
A replica, or dupe, is a copy or reproduction of an original item, which may or may not be intended to deceive buyers. However, in the reborn industry, selling replicas without the original artist’s permission is still illegal, as it infringes on intellectual property rights.
Is selling counterfeit or replica doll or kit illegal?
Yes, selling counterfeit or replica reborn dolls or kits without the artist's consent is illegal. This constitutes intellectual property theft and violates the copyright, trademark, and other intellectual property rights of the original artist or company. Penalties for this offense vary depending on the jurisdiction.
For example, an artist who purchases an illegally copied kit, paints and assembles it, and then sells it as a "replica" would still be infringing on the original artist’s rights and, therefore, committing intellectual property theft. Even if you are merely reselling a replica doll or kit, this still constitutes a violation of the law.
If I modify a counterfeit or replica doll and sell it, is it still illegal?
Yes, modifying a counterfeit or replica doll, whether by painting or assembling, does not make it legal to sell. Even if altered to look different or to include fantasy elements, it remains an infringement on the original artist’s intellectual property, and selling it is still illegal.
What are the consequences of selling counterfeit or replica dolls or kits?
Selling counterfeit or replica dolls or kits can lead to both civil and criminal penalties. Intellectual property holders can sue for damages, lost profits, and legal fees. In some cases, criminal charges may apply, leading to fines, product seizures, or imprisonment. This applies to anyone involved in producing, distributing, or selling counterfeit reborns, including artists who assemble or paint counterfeit kits and collectors who resell them.
Can marketplaces be held liable for allowing the sale of counterfeit reborn dolls?
Yes, marketplaces can be held liable if they knowingly facilitate the sale of counterfeit or illegal replica goods. In many countries, including the United States, the United Kingdom, the European Union, Canada, Australia, and New Zealand, online platforms are responsible for preventing the sale of counterfeit items once they are notified of such activities.
Platforms like Reborns.com, OnlyReborns, Etsy, eBay, Facebook, and other similar marketplaces have established policies to combat counterfeit and replica sales as a legal requirement. When sellers are reported for violating these policies or engaging in these illegal activities that jeopardize the marketplace's integrity, the platform has the right to remove listings or ban those sellers to comply with the law and protect users.
Taking action against sellers who infringe on artists' copyrights and trademarks is NOT discrimination; it is compliance with the law.
How the Community Can Help Protect Sculpting Artists and Authentic Creators
The reborn doll community plays a vital role in safeguarding the rights of sculpting artists and authentic creators. Since it can be legally challenging for artists to fight against infringement on their own, here are ways the community can actively support them:
- Report Counterfeits & Replicas: If you encounter counterfeit or replicas dolls, kits, businesses, or sellers, report them directly to the platforms where they are being sold or operated. This can include online marketplaces, social media platforms, and websites. Your vigilance helps protect the integrity of the industry.
- Avoid Direct Communication: To minimise personal conflict and potential escalation, refrain from engaging directly with offenders. Instead, let the appropriate authorities handle the situation. This approach helps maintain community harmony while still addressing the issue and helping to reduce their access to profit off the original artists.
- Raise Awareness: Share information about intellectual property rights and the impact on artists within the community. Educating fellow collectors and enthusiasts can foster a culture of respect for original work and the law.
- Support Authentic Artists: Purchase from legitimate artists and businesses that respect intellectual property rights. Your support helps sustain their work and discourages counterfeiting.
- Join Forces: Consider joining or supporting organisations, such as the RAA, that advocate for artists’ rights. Collective efforts can amplify the message and create a stronger front against infringement.
- Opinions & Facts: While it’s important to acknowledge that everyone can have their own opinions about counterfeit and replica dolls and kits, it’s essential to remember that facts and laws remain unchanged regardless.
By working together, the community can create a safer and more respectful environment for sculpting artists and authentic creators, ensuring their talents and rights are protected.