I don’t know what Canadian copyright law says, but in the U.S. there is a defense to infringement called Fair Use. It is a multi-factor defense for the courts to analyze whether the use is a “fair use” of the copyrighted work. Commercial use is one factor that tends to weigh against a fair use. Not every time, but most of the time. And many courts consider commercial use to be the most important factor. Other facts include: nature of the work; amount and “substantiality” taken; and effect on the potential market.

One-off homebuilds don’t impact the market and are not sold = better chance of a finding of fair use.
Selling the homebuild or one-off: doesn’t really impact the market much, but courts not very happy about you making a buck off someone else’s IP.
Building a whole production line of pins for sale = fair use will likely be rejected.

Taxi is one example. The game initially had Marilyn Monroe as one of the five passengers. After 200 pins shipped, the Estate of Marilyn Monroe said no, and was not interested in a license. (I’m note sure how they settled the 200 shipped and still out in the world.)

And apparently the Dragon’s Lair folks said hell no to a license. That’s the copyright holder’s prerogative. Don’t know if they would win an infringement lawsuit against a home brew Dragon’s Lair pin, but the home brewer did not want to spend $$$$ in legal fees and take a huge legal risk in order to find out the answer.

When is the exact deadline?
Noon on August 1, midnight when July 31 ends, midnight when August 1 ends?
What time zone?

GWJ is hopeful a whale will be secured within a week. Why would someone pay you $100k to design and build a pinball machine from scratch? You have no experience designing a top 25 game. Why would a mini-whale pay you $10k?

They could buy a proven homerun machine designed by Keith Elwin, Brian Eddy, Eric Menieur, Joe Balcer, Dennis Nordman, George Gomez, Steve Ritchie, Scott Danesi or Dave Sanders. Where it would be built by Stern, American Pinball, CGC, JJP, Spooky or Pinball Bros. Or they could pay you to design a game without a chance of seeing it or maybe even receive a flaming bag of sh*t. Budget $20k for legal services as I can foresee many entanglements.

Realistic plan D -
Buy a Hot Wheels. Retheme it and change artwork and toys and modify the code. Basically what Mrs Hardy does in creating custom games. I think one of those may cost $30k to do it right, but she has a rep for creating high caliper designs. I’d pay her to make a game for me and so would your whale. I don’t see your background creating art or having a strong aesthetic for art direction. Pick her to redo a HW into something a whale would be proud to own, keep $10k for your fees and refund $60k of unused money. Everybody wins, when no one loses.

Yes there is the clock looking for the Big Whale. That one that would get a retired designer & artist involved from pinball past. Almost all my team is still working, except for myself & a past expert in the communication field. Nothing more really to say until August 1, when I see who is still in with the pod. Then see if ok is given for a prototype build of the game.

Yes you told us the same story a billion times and we all know it's never gonna happen, a billion times.

And yet..here you are. GjW living rent free

(I've told you a trillion times to stop exaggerating)

Just need my Big Whale. The hunt continues on, & the water is getting warmer.

Lots of big mouths..still no whale tho! Good luck

Whales are jumping all over the place! Have you checked Massachusetts?

This is an interesting distinction. So the whale gets a retired designer and artist. Who does the mini pod get for design and art?

Wait, your team of hobbyists will only work part time on this for 6 months? Do they also get vacation?

Design for the pod is likely myself, & likely what those in want that are buying in. The art would be from the show for the pinball machine.
Contrary to all the naysayers here the build will take place in 6 months. September to March 1, 2023 or it still could DIE. The project status will be known early in August, to give a little extra time. The plan is working for me, & I do have my pod with money to invest in this dream pinball theme. David Fix was almost speechless after the reveal title to him at Pintastic Show. More people have seen it in the USA, then what people are getting here.

That is all that is needed for hopefully a build of 1 or a few. Not running a pinball factory.

I wonder if David's recollection of this event is the same as you report...

Thank you for answering my question. This begs an obvious 2 questions: Do you have whitewood that you have developed or would the design start in August? Also, do you have experience with designing a layout?

Yes, a retheme is the way to go. Unfortunately, hiring them is not an option. I thought previous Hardy rethemes cost over $100K each to make. Also it takes them 2 years to complete the project.

Of course, it does not take that long to build a single machine AFTER the design is done. We are trying to understand how you will design the machine.

It will not be a retheme. But pinball the last 70 years, different eras are a like in ways. Fast Pinball is likely the route I plan to use. Do not have a box of parts to show until this project is 100% moving forward in August.

pasted_image (resized).png

It will be more than seen above. Testing will be on plywood, make sure shots are ok, just like anyone else would likely do. Already stated many times not a artist with crayons or sharpies.

You are a very smart guy. Storage is the best investment going, people buying too much crap!

I do not think David’d reaction means what you think it means.

You might want to take notes from this guy that does a lot of 3D printing and physical prototyping https://www.youtube.com/c/thepinballroom

It’s highly unlikely the “retired designer and artist” have been agreed to this. As it’s been made clear, Sandwich Clown thinks that people who listen to him drunkenly blab at shows are his friends & colleagues. If these people have agreed to be part of this project, he would clearly state names & verify that they’ve committed to working on this if the $100k is there.

The show doesn’t have “art.” It’s a live action show. Even if you’re going to just photoshop live elements into an art package, you need a competent artist to do it, or else it’ll look horrible.

Got to have a big whale first & ok. Already said I am no artist, someone skilled would do it (but not known in the pinball world).

Just guesses:

Retired designer- Jon Norris
Artist: Constantino Mitchell if the art is going to be bad. Alternate guess: Markus Rothkranz

"I'm going to get knocked up and delivery a fully working baby in 5 months"

"That isn't possible"

"No, it's possible"

So now the deadline has been moved out from Aug 1rst, to Early August to give a little extra time!
Once you hook the whale you need a little more time to lane em' !

The deadline is still August 1. Then onto getting the ok when the number of buyers for prototype are known. 1 or more. It is a firm build timeline.
There are lots of retired pinball designers & artists around the world. I would not start trashing their reputation here just because you did not like a game they did.

We know you’re not an artist. Or a designer. Or rational. You’re “selling” your product on a retired designer you don’t have. An artist you don’t have. A license you don’t have.

This is called False advertising & IP Fraud.

The correct way to do this was to get the license FIRST. Get a designer & artist to agree FIRST. Then pitch your product.

Assuming you get the license (you won’t), you’re going to be behind schedule immediately because you don’t have a designer or artist attached.

No one is trashing their reputation. I’m trashing your inability to understand that their EXISTENCE is not a guarantee they are capable or willing to work with you. You literally have NO ONE contracted & locked in to work on this. Likely you haven’t even started a conversation with anyone. Don’t you understand how this immediately puts you behind schedule?

Norris got fucked by Derp, but at least got paid for a few years. Why would he be willing to work for a dumber boss & paid less (if at all).

I think it just has to be said:

David Fix.

It’s actually quite possible. Premature delivery and/or C-section come to mind. Now the final product ends up needing a huge level of support. So much so that it is generally avoided unless completely necessary so why someone would willing choose this as the preferred route is beyond logical explanation.

Just trying to keep these metaphors as accurate as possible…

It's very obvious there is no plan on paper at this point. It feels like we are at the stage of why should I put any effort unless I have money secured. I still say 6 months with no drawings, renderings, storyline, AINT GONNA HAPPEN.

I would like to 2nd that David Fix.

Being a new kid on the block can you direct me to any relevant threads that would enlighten me as to the above statement? You have mentioned this a couple of times now and pinball industry history is intriguing to me…

I'll see your David Fix and raise you a Jersey Jack.

I will call with the "Intelligent Guy in The Industry." You know, the Whale guy?

It’s just poking fun at Sandwich Clown - he mentioned 100 times that he lumbered up to David Fix to tell him about his amazing Trailer Park Boys idea & that was somehow relevant to it actually getting made.

The truth is, David Fix sees this guy coming and is immediately looking for an exit.

Easy answer. NO!

He may have been speechless, but I am sure it wasn't for the reasons you seem to believe here in your little fantasy world.

The answer is twice the workforce in half the time. Ginger AND Mary Ann.

Great points from people that are never going to be involved with my project. I have a plan, & you guys want it repeated every day. I know people, maybe you know people, who cares except you guys. 6 month build window or bust, or it could die before it even starts.

Nothing has changed except I have a pod of 3 mini whales, even if it drops to one it moves ahead. Better for me & my team for the build time. Also I have stated it will be a fully working pinball machine similar to a pro. Not a deep rule set, & not just a few light bulbs flashing.

Where is Jpop, that should be your focus when he resurfaces. But it will not be with me.