Selling sculptures legality question.

[CyborgChicken]

Kind of gone off topic. I am more or less interested in HOW to do it legally, weather or not I get caught isn't what I'm worried about. It's just if I want to devote a large amount of my life to it i want to build a good reputation.

Would it be best to ask WB for how much a license would cost or would I be better off working with a studio that already has the licenses?

[Underdog07]

Originally Posted by CyborgChicken

Kind of gone off topic. I am more or less interested in HOW to do it legally, weather or not I get caught isn't what I'm worried about. It's just if I want to devote a large amount of my life to it i want to build a good reputation.

Would it be best to ask WB for how much a license would cost or would I be better off working with a studio that already has the licenses?

My understanding is that WB does not offer licenses for sculpts to its properties. Instead they do everything in house.

Marvel offers licenses (as is apparent by the number of companies creating said items) but I would imagine such a license is VERY expensive (hundreds of thousands perhaps?).

The easiest way to get your work out there without violating any IP laws is to get hooked up with a company that already has a license. My understanding of how this is done is that you would create a portfolio and then ask said companies if they would like to see either your portfolio or a specific character sculpt (do not just send pics without first asking - thats an unsolicitated submission and could affect your rights).

Many sculptors who create sculpts for companies with these license frequent this forum. I am sure if you PMed them and asked them how they approached these companies they would be happy to offer you some pointers/guidance.

[Underdog07]

Oh, and CyborgChicken - good luck with it. It is nice to see someone have a dream and follow up on it. As a person with zero artistic ability, I really respect and appreciate the work of those who possess such skills. If you have any questions you don't want posted, please feel free to send me a PM. Also, if you need anything else, feel free to do the same.

[Underdog07]

Originally Posted by Wayne Industries

All this lawyer talk makes me want to shoot somebody..

I have always thought that of all the areas of law, us IP guys were the least threatening (or is that revolting?).

[C. Bormann]

Selling statue kit's is like speeding on the highway... It's only illegal if you get caught.

[2Bit Sculptor]

"the villagers are always revolting... now... they're rebellin'"

[elwood49]

Originally Posted by Underdog07

In that situation, WB could hire my firm and we would get them their quarter (for roughly $2.5 million in legal fees - not an exaggeration). My point being that cost is another major conern with these companies. Litigation is not cheap. And most trademark and/or copyright violations do not result in large damage awards (whereas patent cases routinely get multi-million dollar verdicts).

That is why the standard course of action for these companies is to send out cease and desist letters. Cheap and effective.

That's true, but again, it is illegal to make a profit on these characters/properties...period (I happen to be a lawyer just like yourself).

Whether or not they pursue legal action is a different matter entirely and obviously depends on the significance of the matter involved.

There is a difference between an illegal act and the likelihood of getting caught for that same act. Jaywalking or speeding are technically illegal, but most of us always do both.

[Underdog07]

Originally Posted by elwood49

There is a difference between an illegal act and the likelihood of getting caught for that same act. Jaywalking or speeding are technically illegal, but most of us always do both.

Right. We make a choice to engage in that activity and understand the potential punishments. Generally that is what I hope these discussions accomplish: namely that artists become educated so that they fully understand their rights as well as the rights adverse to theirs which could lead to potential consequences based on their activities.

I have found that areas of copyright and trademark are flush with misinformation floating out and about on the internet. Often this leds to misunderstandings with respect to the basics and then it just snowballs from their. If a couple people read my posts and come away with a better understanding of what the law actually is, I will be happy. I am slowly putting together an IP primer which I will share with everyone here.


What type of law do you specialize in Elwood? I do biotech/pharm patent litigation (with a touch of computer coding/dsp/microchip related tech thrown in). I enjoyed trademark and copyright in school and continue to stay apprise of the law, but do not actively work in those areas.

[hellspawn77]

Thank you Underdog07 and Elwood 49 for taking the time to offer these explanaitions in a very respectful manner: it is really rare!

Thanks again for the down to earth, simple, explainations!

Sincerely,
Claudio

[alexeicrow]

So,

All garage kits on sale and companies that sell models if they do not have official regonition or rights to do so are against the law.
I can only talk about crow figures as that is what i collect. I know for sure that there where 4 movie licensced statues (3 statues and one model kit)
The other i do nt know if they have a licensce or not. In that case how do you go about it. I mean NECA i think have bought the license to do the Crow, but whatabout the other compmanies. (I am not talking about garage kits possible not more than 100 pieces), but on teh mass porduced companies. I know that Dragonfly did their crows in collaboration with James O'barr, teh creator of the crow.

These are all legal issues as i guess james has the rights over the crow, but i think also many other poeple have the rights as well, like pressman who where involved in production of comics and film, miramax etc etc. It is a very hard line to define.

On teh other hand i think that such companies should embrace people who do statues etc of tehir products as after all tehy giving more popularity to their characters and let's face it. The corportae license holder compnaies do not fulfill the collector's desire - they are more into teh finacaial gain of things - just me 2cent - i may be wrong