I just recently found you in another thread too. Didn't know you were the one to actually be the designer of the mask! Ive decided I was going to try molding my own after I make it from clay. I don't want to recast as such, it would feel unprofessional, I would want to come into it with actual work, even if it is trying to replicate. I just love the art piece, I don't know why, I grew up with it and just loved it from the start. I hate how there's no real source to get these masks from, and if there is, there cheap 3d prints or something that doesn't come close to a real replica, I'd love to provide a service to the people.
Just in case this gets searched in the future, in a selling/license standpoint, how would this work? As long as I make my own, from scratch, I can sell them?
Well, technically, the IP (intellectual property) for the Mask, or any prop or costume, belongs to the studio, or producer, depending how the film was made.
That includes any likeness of the property. Sometimes this IP can remain with the original artists. (It's a legal minefield)
So, technically, you need to purchase a license to make copies. Depending on how valuable the owner of that property thinks it's worth, will depend on the cost of the license. Studios also judge how likely the license holder is going to make a sales and you could be denied a license, if they feel they won't get enough promotional value from the seller. For many films, this product licensing, is a huge source of profit, both monetarily, and promotionally.
As an example, the original Star Wars, made more money from licensed products, than it did from ticket sales. The head of the studio, was fired, because he gave away this part to Lucas, who, made an estimate $12 billion dollars (yes, with a "B") from toy and merchandise sales.
I was involved in a project that involved purchasing a license for a product from a successful film franchise and this license cost $325,000, and it was restricted to a very specific type of sale, being only replicas of props. But, there was another film that the studio was asking us to take it, as they wanted the publicity for that film. ANOVOS for example, could only make "High end" replica costumes with their Star Wars license. They could not make cheap Halloween costumes, or any props, as other people owned those licenses.
But, in most of the cases involving the, "prop collector" / "fan world", the studios often feel, more harm will come from taking legal action against the small time makers, and there is not enough money being made, to go to the legal expense.
This is, unless someone has purchased a license from the studio, for said object (Prop or costume) and they want the studio to shut down this entity, who is making a product that infringes on their license.
You can see how, if you paid $10,000 or $100,000 for a license to produce , say "Mask" replicas, you wouldn't want "Bob" over there, making unlicensed copies, and cutting into your sales.
But, as far as I know, no one has a license to produce a Mask replica, so likely no one would do anything. But technically....you need a license to produce them.
As far as my comment above, I was sort of joking. But, I always thought it odd, that the prop making ./ collecting community seemed to condemn "recasters" and I have often seen threads about this, saying "Oh, don't buy from him, He's a notorious "RE-caster!"
But, if you make a copy of a prop, you are a recaster, of the artist who made the original for the film.
I have seen many copies of the props I have made for film. Some good, (usually molded of one of my original pieces) and some bad. (I have seen some pretty terrible Mask replicas)
But, I don't own the IP. Someone else does. So, other than my personal attachment, I have no legal right to that prop.
In the case of the Mask, I have considered making a copy, directly from my original, and selling it, with a real COA, signed by me.
You see, a COA can really only come from the artist who's work is being sold. This is the origin of a Certificate of Authenticity.
All these other "COA's" are *********, and worth less than that.
They really mean nothing. If a person is going to go to the trouble of copying a prop, what's the big deal of making a bogus COA as well.
An auction house, is only judging what they are selling by their research and what the person that consigned it told them. I have seen many things sold in auction, that are copies or fakes of something I made (or my shop made) and they had a "COA" "proving them authentic". Sometimes when I contact the auction house, saying the item is fake, they take it out, other times I'm ignored. So, if someone is a professional collector, and wants to make sure the item they are buying is in fact, real, that "COA" is only worth the paper it's printed on. I am often contacted by collectors asking me to authenticate an item, because they know that "COA" is not any sort of proof as to the authenticity of the item.
that is a bit of a particular situation in this case. But the reality is that you would actually be continuing to recast the original maker that was already recast by golden armour, and continue to ruin the business of that original person that did their own original work. If that makes it clearer somehow.
