RCCA's stance on Custom making

[jeeper]

After discussing the act of making customs with a few members. It seems there is some confusion. So to clear things up we asked the guys at RCCA a while back so I will post that information here. Being that it deals with legalities, I would ask the mods to make this a sticky

From Thomas at RCCA

I am going to reply and lock this post. I don't think I need to reply as most questions have been answered.

1 - Customs ARE illegal - IF and ONLY IF you sell for profit.
2 - Customs ARE NOT illegal - if you build for your own collection or trade will other people.

If you sell you must have a license or the sponsor or team could seek legal action.

From all previous posts it seems customs are built for others without profit and only for personal collections.

I believe I also saw an additional post about MA seeking legal action on customs? This is not true.

[Phant0m21]

what about onestopdiecast. does that mean he cant sell his diecasts legally? that sucks

[jeeper]

Originally Posted by Phant0m21

what about onestopdiecast. does that mean he cant sell his diecasts legally? that sucks

if he is selling for profit than yes, I would assume that his cars are sold for cost of materials + time spent (remember, time spent building the car can be used as a "cost") which would mean that he is legal

OR if he has the OK from the sponsors than he is ok

[Phant0m21]

cool thanks for clearing that up cuz Cliff makes some good customs

[moparbob]

Originally Posted by jeeper

if he is selling for profit than yes, I would assume that his cars are sold for cost of materials + time spent (remember, time spent building the car can be used as a "cost") which would mean that he is legal OR if he has the OK from the sponsors than he is ok

In actuality, selling any custom car, for any exchange of money whatsoever, whether it be for profit, cost of materials, labor, etc. is illegal, sadly.

Making/keeping them for your own personal collection, not illegal.

And as far as RCCA/MA/AP not pursuing legal action against custom makers, I would tread very lightly on that one. Frankly I would watch your step about who broadcasts they are doing customs and keep your powder dry.

[jeeper]

Originally Posted by moparbob

In actuality, selling any custom car, for any exchange of money whatsoever, whether it be for profit, cost of materials, labor, etc. is illegal, sadly. Making/keeping them for your own personal collection, not illegal. And as far as RCCA/MA/AP not pursuing legal action against custom makers, I would tread very lightly on that one. Frankly I would watch your step about who broadcasts they are doing customs and keep your powder dry.

Id be more worried about sponsors/teams. The way RCCA sees it they sold their car, they got their money for said car. What happens to it after the fact does not change their sale of a car. If the custom was never offered by RCCA than they see it as "excess inventory" being sold off, its a win win for them. At least that is how thomas made it seem

[moparbob]

Originally Posted by jeeper

Id be more worried about sponsors/teams. The way RCCA sees it they sold their car, they got their money for said car. What happens to it after the fact does not change their sale of a car. If the custom was never offered by RCCA than they see it as "excess inventory" being sold off, its a win win for them. At least that is how thomas made it seem

I agree about NASCAR/teams... But do not underestimate RCCA/MA/AP either.

[BP55]

hopefully we will still see customs on the bay

[scr8p]

i can understand there might be an issue from nascar/sponsors with guys making custom decals sheets for their builds without permission. but, if i go and use lets say slixx decals, which are officially licensed by the team/sponsors, i don't see that being a problem. they got their money for selling the rights to a company to make decals for model cars. and that's what we're using them on. and what should rcca care? they should be happy guys are buying their cars to strip and make customs. otherwise, they'd still be sitting on them because the custom builders would have no use for them.

as for making a profit, what would happen if you only sold your customs on ebay? let's say it cost you $40-50 to make a custom car. you list the car with an opening bid of $10.00 and a couple guys get into a bidding war and it sells for $200. how's it my fault that i made $150 profit on it? i was only asking $10.00. how would that scenario be viewed?

[07jackd07]

The guy who makes customs for me at a local diecast has a one car rule. He says that if he produces more than one then it becomes a trademark infringement.