Copyrights And The Character Masks We All Buy...

[🪦 carter1010 ●]

So I was wondering, how many people out there get licenses to create and sell our favorite horror character masks? And to those that don't do you worry about it. Touchy subject I know, but I have been very curious about this for some time.

[🪦 puckface ●]

It usually just depends on how skilled you are with your product actually. Usually, the guys who have "rights" will only go after those who make a good amount of money from their character or copyrighted material. It's not always just about "thats our character, you cant use it". Often times, some companies feel threatened by artists who use their characters while they still offer replicas or other products of the sort.Then again, there are also guys who have nothing better to do than to constantly monitor ebay and get people's auctions shut down for "terms of violation".

[🪦 stainboy ●]

Quick answer?No one gets licenses.No one seems to worry simply because most studios don't waste their time to sue some little guy. The most smalltimers would get is a "Cease & Desist" order.Unless you're making big time bucks, I don't think it's worth the studios' time.

[🪦 stainboy ●]

<!--quoteo(post=294242:date=Jan 23 2009, 11:09 PM:name=puckface)<div class=\'quotetop\'>QUOTE(puckface @ Jan 23 2009, 11:09 PM) <a href=\"index.php?act=findpost&pid=294242\"><{POST_SNAPBACK}></a></div><div class=\'quotemain\'><!--quotecIt's not always just about "thats our character, you cant use it". Often times, some companies feel threatened by artists who use their characters while they still offer replicas or other products of the sort.<!--QuoteEnd</div><!--QuoteEEndInteresting point, Puckface.... However, in my opinion, it's not so much an issue of "being threatened," as it might just be simple economics? I'm not sure.New Line certainly has the money to hire a seriously talented sculptor to produce dead-on masks (or even pulled directly from movie molds) of it's licensed characters if it wanted to, however it realizes that there isn't a big enough market to warrant such a production at that cost.Companies that have been in business for awhile know that the only way to make money off of a halloween mask is to put little money in the production process and cut down manufacturing costs. The real draw for the consumer to buy the mask is in the licensed name, not as much the image (...at least to the "I wear a Halloween mask once a year crowd" - who doesn't inhabit this board.). Because of this, Big Name Copyright Owners will never sell the copyrights to a smalltime mask manufacturer not because it feels threatened by it, as much as it knows that the smalltime mask maker would never fork over as high a royalty or percentage profit as the Copyright Owner would demand.Certainly, as the business world would dictate - if it were economically feasible and someone (meaning a big company) could be making serious money off of it.....it would already be happening. The bottomline of why it doesn't is because mask-loving communities like this one......is such an insignificant portion of the consumer world.The only potential exception is the growing-interest in the film prop/bust/helmet community which has been successful in manufacturing big dollar items like Sideshow 1:1 busts and full scale Darth Vader helmets. My only thought on why this could be different is because perhaps people are collectors are more willing to fork over more money for collectibles that are more durable than latex, a naturally decaying substance? Not sure.Sorry for the long post, but the question got my mind going.....What do you guys think?

[🪦 puckface ●]

Big companies aren't always the ones who hold the rights to important products. Sometimes "Joe the plumber" can "claim" to have all the rights for a product and produce copies of his item all by himself. In cases such as which, I've seen first hand these "right" holders become worried that his/her product may not sell as well if other people are selling the same or even SIMILAR products.

[🪦 stainboy ●]

<!--quoteo(post=294253:date=Jan 23 2009, 11:41 PM:name=puckface)<div class=\'quotetop\'>QUOTE(puckface @ Jan 23 2009, 11:41 PM) <a href=\"index.php?act=findpost&pid=294253\"><{POST_SNAPBACK}></a></div><div class=\'quotemain\'><!--quotecBig companies aren't always the ones who hold the rights to important products. Sometimes "Joe the plumber" can "claim" to have all the rights for a product and produce copies of his item all by himself. In cases such as which, I've seen first hand these "right" holders become worried that his/her product may not sell as well if other people are selling the same or even SIMILAR products.<!--QuoteEnd</div><!--QuoteEEndYeah, I can see that being a pain in the ass problem for your friend. But I guess my statement was just speaking of the mask world (in allusion to carter1010's original post). Obviously, small time maskmakers hurt when someone recasts their original design of an original mask. But then again, that maskmaker has every right to apply to the U.S. Patent Office and file a patent. The U.S. Constitution affords every person that exact, specific right. That way, the "right" holder would be able to send his own C&D's out. No one would legally be able to even sell similar products, let alone the same.But for those mask makers who take the image of a copyrighted character (like a NewLine horror character), well there's obviously no way that the mask maker can have any legitimate legal claim to a copyright as it's not their creation (even if they sculpted the thing out of clay themselves.....if the sculpt was sculpted off of an image from a trademarked character...it's copyright infringement. No butts about it).

[🪦 scabboy ●]

That's why a lot of people sell through forums and word of mouth- because realistically they are doing it illegally, yet on a small scare to where it can be considered for personal pleasure and not for profit.