Selling sculptures legality question.

CyborgChicken · 03-23-2007, 09:35 PM

Hey all,

I have been making sculptures for a while as a hobby, submitted some stuff to Wizard back when they had their action figure making contest (what ever happened to that!? I bought a issue and it wasn't there!) I need some money, and I was wondering about the legalities of selling my statues?

I have some original work, but I have some stuff of comic book and movie characters. I was wondering if it is legal or not to cast some of my stuff and sell it? Is there any "pipe line" for sculptors that are looking to sell a piece or is most work normally commissioned?

- Thanks All

High Lord Apocalypse · 03-23-2007, 10:17 PM

hey cc, welcome the forum.
as for the legal issues, someone will post but you could always start by posting some your work in the sculptors corner.
(you'll have to setup an account with photobucket.com, then upload pics onto ph.bucket, copy the 3rd link(i think it says images) and then post it here by clicking on the little "go advanced icon"(you see it on the bottom of the page where you type to post here) the click on the little yellow box with a tiny picture of a mountain(i think) then paste and hit enter.

CyborgChicken · 03-24-2007, 03:18 AM

Hey there,

thanks for the welcome. A lot of my stuff is "custom" action figures, would that fit with this forum? I do statues too, but it's hard to play with a statue in little cityscapes, lol.

CyborgChicken · 03-24-2007, 01:26 PM

do the post on this forums have to be approved before they hit or am I buggy?

elwood49 · 03-24-2007, 03:07 PM

Quote:

Originally Posted by CyborgChicken

I have some original work, but I have some stuff of comic book and movie characters. I was wondering if it is legal or not to cast some of my stuff and sell it?

It's illegal to sell anything movie/comic related...period. Your original stuff is obviously quite legal to sell. Many people do sell things based on movies/comics, but they do so at their own peril.

Underdog07 · 03-24-2007, 03:29 PM

Quote:

Originally Posted by CyborgChicken

I have been making sculptures for a while as a hobby, submitted some stuff to Wizard back when they had their action figure making contest (what ever happened to that!? I bought a issue and it wasn't there!)

As to what you submitted to Wizard, check the terms governing such submission (ie the "rules"). There may be general language statinig that by sending them your sculpts (even if of your own characters) you assigned your all of your rights in the sculpts/characters to the company.

If you still have those documents, likely called submission forms, please post what they say as I am curious as to how they handled such submissions.

Quote:

Originally Posted by CyborgChicken

I have some original work

Subject to what I said about Wizard and assuming the characters you created are original and the characters/sculpts were made for yourself and not another person/entity, you should own all rights in such characters and sculpts. Thus, you would be free to do whatever you wanted with them.

Quote:

Originally Posted by CyborgChicken

I have some stuff of comic book and movie characters. I was wondering if it is legal or not to cast some of my stuff and sell it? Is there any "pipe line" for sculptors that are looking to sell a piece or is most work normally commissioned?

People on this board disagree vehemently as to the legalities of what you are asking. I suggest you peruse some or all of the many threads already existing about this subject. While reading, keep in mind that some individuals are speaking matter of factly about how things are/are not while other individuals are speaking about their personal views or how they think/wish the issues would play out.

To find such threads, search keywords like copyright, intellectual property, licensing, recaster and trademark.

Hope the above helps.

Underdog07 · 03-24-2007, 03:35 PM

Quote:

Originally Posted by elwood49

Many people do sell things based on movies/comics, but they do so at their own peril.

Elwood - I like your use of the word peril above. I envision a lonely sculptor sitting at his desk working on an armored Spidey bust while Joe Q. busts down the door and sprays him with an uzi.

CyborgChicken · 03-24-2007, 04:04 PM

“Wizard” magazine and “Toy Fare” used to be just one big thick Wizard magazine. They had various contest, art contest, sculpting contest, ect… You would take pictures of what ever you wanted to send to Wizard, they would judge it, if you were in the top 3 you received some sort of reward, which was usually some sort of professional sculpture, signed comic books, free subscriptions and what not. There were no submission papers beyond including a letter saying “hi, my name ix XYZ and this is my XYZ hope you like it”

As far as looking at other threads, I looked up copy write and a few others and I just didn’t see anything. I obviously know my own original work would be legal, but who wants a statue of some random looking barbarian or superhero? I don’t think it would fetch as much attention. That is why I was inquiring how to go about selling stuff like spider-man, x-men, ect.. stuff legally. I’de assume there is some sort of pipe like to go about doing it.

JLM · 03-24-2007, 04:15 PM

It's "copyright". Search results here.

Underdog07 · 03-24-2007, 04:20 PM

Quote:

Originally Posted by CyborgChicken

“Wizard” magazine and “Toy Fare” used to be just one big thick Wizard magazine. They had various contest, art contest, sculpting contest, ect… You would take pictures of what ever you wanted to send to Wizard, they would judge it, if you were in the top 3 you received some sort of reward, which was usually some sort of professional sculpture, signed comic books, free subscriptions and what not. There were no submission papers beyond including a letter saying “hi, my name ix XYZ and this is my XYZ hope you like it”

Am I reading the above correct: you only sent them a picture of the sculpt, not the actual sculpt. If there was no formal submission form, there probably was some disclaimer or "legal provisons" stated on the "contest page." So assuming you sent them a pic, you would not have assigned them rights to anything other than that pic.

Basically without such language, you could send Wizard a pic, and then if they used it you could sue them. Such provisions insulate them from that type of action. Similarly, I previously posted how DC's website includes a provision that anything submitted to the company becomes their property.

Quote:

Originally Posted by CyborgChicken

I obviously know my own original work would be legal, but who wants a statue of some random looking barbarian or superhero? I don’t think it would fetch as much attention.

You'd be surprised. Especially with barbarians and the like. A sweet looking sculpt will attract attention.