James The Fox Dixon, on 11 October 2013 - 04:59 PM, said:
The shape is similar, but the elements that make up the design are different. Copyright law only needs to have a 75% difference to pass the muster and all of the elements inside of the basic shape take it beyond the 75% requirement. Every shade line, detail, etc... count as a percentage of the overall design. For the record, the Marauder design is substantially different from the original Glaug design.
HG doesn't have a claim to the entire Macross franchise and they attempted it until Big West smacked them with the lawsuit hammer that forced HG to abandon their claim to all things Macross. Robotech isn't even worthy of being in the same sentence as Macross. There is nothing stopping PGI or Catalyst from going to Studio Nue/Big West and license Veritech fighters like the VF-11 or the VF-19 to replace the Wasp, Stinger, and Phoenix Hawk. Those designs all came from Macross 7.
The Glaug is both a concept and an artwork, however, and is therefore considered (at least in part) intangible intellectual property. The laws regarding intangible IP are much more strict than standard copyright law, are they not?
And if Topps can license so freely from Studio Nue, then why don't they do so instead of reimagining the LAM's in their reseen variants?
I never said that HG owned the Macross franchise. I said that Studio Nue did.
On a slightly unrelated topic, why shouldn't I mention Robotech and Macross in the same breath? Aren't they part of the same universe?