The recast debate is actually one of semantics.
I have a casting of the original Maltese Falcon. That's what it is, a casting. It did not come out of the original mold, it came out of a mold made later in time. But, since it was never made commercially, this can not be considered a 'recast'. The Fertility Idol from Raiders is the same thing. No one really cares if they can buy it from several different sources and its a cinch those sources are casting their own copies.
Same deal with the Burger King head. It was never sold as a retail item, it was used only as a decoration in the stores. Since this specific item is no longer used in their stores and has become a sought-after advertising collectible, making copies of it can not be considered recasting, as such. It becomes a reproduction and as long as no one tries to palm a copy off as an original, there shouldn't be any problem.
Non-entertainment items are done like this all the time. I've heard of people buying original wooden carousel horses, making fiberglass molds from them and selling copies. And if someone buys one of my Discovery models and winds up copying it 20 years from now, will anyone really call him a recaster?
I'm not saying recasting is okay. Obviously I'd be pissed if someone bought one of my products, dunked it into rubber and started selling it. But, the point to be made is just making a copy of something, for personal or financial gain, isn't necessarily recasting. There are other legal points to be addressed, but for the purposes of this board, those don't usually come into play.
Now. Who'd like to buy an ORIGINAL, screen-used Maltese Falcon? Huh? Any takers? I'll make you a really good deal.
Scott