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Old 12-06-2007, 11:41 AM   #109
HarryT
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Quote:
Originally Posted by Penforhire View Post
Not to be pugnacious or anything but your model maker's permission has no bearing on the use of a likeness for a character whose copyright he does not own. He made models on contract to others who gave him permission. Your photo requires permission of the original copyright holder. Or maybe it doesn't require ANY permission as a fair use example here.
I respectfully disagree with you, Penforhire.

If you go to your local toy store and buy a toy Dalek, you are free to take a photograph of that toy and post that photograph here, or anywhere else for that matter. The toy was made with the permission of the trademark holder, as was this particular model Dalek made with the permission of the BBC. It would be a different matter taking a BBC photograph of a Dalek, and posting that. That would indeed be a copyright violation. This, however, is not.
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