Legal Issues

[David Mackey]

I was looking to get started trying to sculpt 1/12 figures.
I was wondering if anyone knew what the legal rules are for say sculpting
a character from The Walking Dead or any other fictional character.

Thanks
David

 

[valiant]

I would say give it a go. Copyright only becomes a problem if you want to sell something commercially and you want to use the intellectual rights to the brand, ie Harry Potter, Bourne, comic characters, etc. Manufacturers can sometimes circumvent this by giving the figure a "similar" name or something completely different!

But its no problem if you are doing it for yourself!!

 

[David Mackey]

I was planning to eventually sell copies of the originals as soon as I feel they are good enough.

 

[tonydawe]

Hi David,

Some of the major manufacturers, such as Andrea, seem to get around this issue of copyright infringements by selling their figures under a name that makes no reference to the movie or TV show they are clearly referencing.

For example, Andrea produced a couple of figures based clearly on characters rom the Lord of the Rings movies but called them "The Untamed" and "Elf Archer". No doubt this I a risky strategy for a major producer like Andrea, but its clearly more lucrative than paying massive copyright licence fees to become an official distributor.

Some companies such as Disney and Lucas Arts are absolutely red hot on prosecuting anyone who appears to be referencing any of their products or images, while other companies tend to have a more relaxed attitude.

If you're going to sell anything on a commercial basis, even if its only in small scale, I'd seek some advice before you do. Ignorance of the law is no defence and a copyright lawyer wont hesitate to come after you as a way of making an example of you and scaring off other small manufacturers who might try to do the same thing/

 

[David Mackey]

Thanks Tony
I guess I'll just have to go with original characters.
I hope to be running both post apocalyptic and
Mountain Men type of characters.

 

[hypertex]

This is quite a thorny issue and the law is different in every country and even varies among the States. Copyright is one issue, but likeness rights are another matter altogether (sometimes called personality rights or publicity rights). I remember a case between Paramount Pictures and Leonard Nimoy. A certain brewery was using advertisements that included a likeness of Spock. The Brewery got permission from Paramount, but Paramount never got permission from Nimoy. Paramount owned the intellectual property around Spock, but did not own the likeness of Nimoy.

Genericizing or changing the name doesn't change much. It only helps the product go unnoticed.

A "one off" piece is a different matter, at least in the USA. Artistic expression is protected by the First Amendment, but as soon as you start commercially exploiting a product, that protection is lost. Of course, laws vary by country. And you have to worry not only about the law of the country in which you live, but also the law of the country in which you sell your products. Even the law of the country in which a celebrity lives can some into play.

The decision to go with original characters is the right one, in my personal opinion. I see something wrong with exploiting someone's image without their permission. Plus, you avoid thorny legal issues.