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independent mask makers

do independent mask makers have to obtain rights to the work they produce if it isn't an original degn? I have been a sculptor most of my life and love art and was thinking of starting a degn but wondered if licensed characters were off limits?

Ken

Good question...I guess one of the already established mask makers would have to anwer that or Lee being our redent lawyer on the forum... Writing would be different I guess but I do fanfiction online and we write about lisenced charaters and it's fine as long as we put disclaimers, etc. you know stating that we don't own or have rights to the charaters in anyway. Same thing with my job. I work for a diet company based off Barry Sear's zonediet and we as a must have to include that on everything we do that we have no ownership nor affiliation in anyway with the actual zonediet, etc.... I've wondered the same thing.....

that is a hot button issue. I would love to know the answer as well. We do have a redent attorney here and more than a few mask makers. I wonder what there thoughts on this are?

independent mask makers have every right to sculpt whatever character they want...but....they have no right whatsoever to sell copies of that character to the public unless they have a licenng agreement with the owner of the copyright of the said character....plain and mple...black and white...This is the reason why many people have problem putting myers masks and hocks and whatnot on ebay. The owners of the rights contact ebay and issue C and D's to anyone selling them.

take care, Tommy

i always figured if they changed the name and called it the "whatever" and not myers or jason to help skirt the issue

if you think about it there are a lot of masks out there even at spencers and whatnot that look an awful lot like certain people but just the name is different

yeah homicidal makes sense but what if you just change the name? Is the likeness copyrighted?

I think most companies do own the rights to the likeness of their charachters. I could be wrong but this always seems to be a taboo issue. I would be intersted to see what our legal minded moderator has to say about this.How about a little free legal advice Mr. Lambert.

I had to chime in on this subject.

The fan in me wants to say no they can just change the name and be ok but the realist says no you can't sell a product that another company owns the rights too.

a name change doesnt mean jack. They have the likeness and name licensed...I have been in this hobby a really long time and have seen many makers go under because of cease and dest orders.

I would also like to hear Lee's opinion on this though...

take care, Tommy

ever see the "white rapper" mask at halloween usa?

looks alot like eminem to me....................

You all couldn't be talking about a more hot button topic than this right here. I think this is the age old question. I too agree with Tommy but will also reserve the right to not comment until Lee takes a crack at it. Bisco you make a very good point about generic rip offs and I think there is a fine line there. This hits close to home for me also because I have created something before and received a cease and dest order. Interesting topic and I look forward to hearing what others who are much more versed on this issue speak.

I say you can if you make certain trademarked changes. Like take the traingles off of the hockey masks. I could be wrong but that is what I thought.

in respect to the white rapper masks...the michael jackson masks etc...those are caricatures....and i think they are condered an original work and not as a likeness based upon judgements by the supreme court in respect to political cartoons and freedom of the press and freedom of speech...

take care, Tommy

I think the rights to a charachter are owed by the company and are therefore off limits. I look at it this way. Would it be fine for someone to make the perfect Michael Myers mask and sell it in stores without seeking the ability to do so? No of course not because you wouldn't own the rights to do that. You would be sued in a heart beat because you have made money off of something that doesn't belong to you. You would have to pay the company that owns the rights to that character. That is my understanding at least. Good question!