What's the legality of making replicas?

[ODGreen]

Hey folks,

I am new here, so forgive me if this topic has already been introduced and discussed a million times before. I was just wondering what the legality of sculpting a replica prop is? This is not a question of recasting - which I do not agree with to any extent - but a question of an artist's origonal work to recreate an existing prop or character.

For example, if an artist were to sculpt a bust of a character from a film with the intention of making a latex mask from that sculpture, could the artist land in legal hot water for this? Would some of the details need to be changed in order for the design to be considered 'origonal?' Or is it all fair game?

Thanks for the info,

Birch

 

[ave4uevoli]

AAAAAAAAAAAAAAAAAAHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!!!!!
:wacko:wacko:wacko:wacko

 

[knightone]

Generally people in the community, even the professionals who make the props and masks for the actual films and shows, look the other way as long as you do all the sculpting yourself and haven't cast someone else's work (the only exception is if you recast a screen used or production made piece). If you are issued a C&D however, obviously you have to stop (like the recent Warehouse 13 C&D's). Otherwise it is generally considered alright to do.

99.9% of the stuff on these boards are sculpted recreations without permission from the studio, original prop makers, etc. So, if you weren't allowed to do it, this community wouldn't exist.

 

[jackdoud]

If you don't make waves they won't come after you. Making stuff for personal use or small runs is usually ignored. Setting up a website and spamming it with "STAR WARS REPLICA LIGHTSABERS" will get you slapped down by Lucasfilm so fast your head will spin.

 

[ODGreen]

Thank you. That is the general vibe I have been getting from some of what I have read here.

Long ago, I tried my hand at making some masks based upon the horror films I grew up watching, but I was always too nervous about the legality to ever offer anything up for sale - which is probably for the best, since my work wasn't all that great back then

Birch

 

[Hecubus114]

You can make whatever you want as long as no profit is gained from it. Selling anything that is someone else's intellectual property without a license is illegal.

 

[Walter]

This has been discussed ad nauseum.

 

[propologist]

oh i really read it now...carry on

 

[ONEYE]

"Badges?!?!?!?!! We don't need no stinkin' badges!!!!!!!!!!!"

(I couldn't help it. It was the first thing that popped into my head after I read the topic title.)

 

[Larry Young]

Somebody needs to do the laundry. Wash the socks, if you will.

 

[ONEYE]

Somebody needs to do the laundry. Wash the socks, if you will.

Huh? Totally lost, what does that mean? :confused

 

[Larry Young]

Huh? Totally lost, what does that mean? :confused

My sock puppet-sense is tingling.

 

[ghostryder]

Some people think Aliens Pulse Rifles are Olive Drab Green.

Just sayin'...

 

[tommin]

Some people think Aliens Pulse Rifles are Olive Drab Green.

Just sayin'...

Oh no. You just di-in't!! :lol

 

[ODGreen]

My user name is indeed a reference to the often disputed pulse rifle color scheme. I will soon own both an OD and a brown bess PR, but I liked the ring of ODGreen better for a user name.

Birch

 

[micdavis]

If you get recast, take it like a man, don't cry like a baby.

Nobody likes a rat.

Well, some people do like rats, but it's usually just other rats.

...and there is no photographic proof of seven grips on a Luke lightsaber.

 

[Larry Young]

Also, Deckard is not a replicant. :lol

 

[tommin]

Also, Deckard is not a replicant. :lol

Of course he was. The unicorn told him so.

 

[exoray]

What's the legality of making replicas?

Without permission from the IP holder it's almost certainly illegal, end of conversation...

That is unless you want to depend on the Fair Use defense, but that's simply a defense that can be raised for the infringment not a given legal exemption...

You can make whatever you want as long as no profit is gained from it. Selling anything that is someone else's intellectual property without a license is illegal.

Actually this is false and is a common misconception about IP rights...

The US intellectual property laws make have no such exemption based on profit from sales implied or stated... For Criminal acts there are stipulations "for purposes of commercial advantage or private financial gain;" but beware "commercial advantage" & "private financial gain" are broad terms and do not equate to sales or profit... The fact you made it without paying for a license is IMO a "private financial gain" that is if you want to follow the letter of the law...

For Civil infringment it's based on damages, and damages is an even broader term, the lack of securing and paying for a license for even a single personal item does result in damages to the owner... Toss in the possible $150,000 per items statutory bonus per infringment, lawyer and court fees and it could be a very bad day...

The good thing for us is that Criminal Copyright enforcement is hardly ever exercised except in huge volume or high profile infringement cases, leaving most enforcement to the Civil arena and the IP owners discretion to pursue or not... And in this hobby most of the IP holders have been and continue to be VERY gracious towards the community and allow it to survive... Thier good will doesn't make it legal though, just not pursued...

 

[Hecubus114]

"commercial advantage" & "private financial gain" are broad terms and do not equate to sales or profit... The fact you made it without paying for a license is IMO a "private financial gain" that is if you want to follow the letter of the law...

I suppose it could be considered that from a certain point of view, but how far does that go? Thats like saying your child cant draw a picture of Mickey Mouse without breaking the law. Like you said, its never pursued unless its a very large and obvious act, but there must be line "officially" on what is ok and what isnt.

Personally, I dont see how someone could say buying clay, sculpting materials, etc., sculpting something, buying casting materials, making a casting of the sculpture, then sticking it in the corner of your living room for you to personally enjoy is "financial gain". Maybe if it was to create something for yourself that was commercially available... but even then, maybe.