Ethical question.... What would you do

[CrimsonGhost]

Reselling is probably fine, but I think recasting would be a bad move. If it was my intention to sell the existing stock, I would feel it necessary to over explain why I have the heads in the first place. Being called a recaster is a scarlet letter I wouldn't want.

I disagree with everyone who says it's your right to recast.

[Lord Mongo]

Crimson,

If you read the detailed explanation, He was doing the behind the scenes work, He was casting the pieces originally.. and the "artist" was assembling and taking ALL the credit. After reading the details, I have to admit, Yes, I admire the work, but the "reverence" is lost.

[PNGwynne]

Casting as part of an initial agreement, and recasting another's sculpts, are two different things. And sculpting itself is a different endeavor entirely. Let's not confuse the issue.

[CrimsonGhost]

Crimson,

If you read the detailed explanation, He was doing the behind the scenes work, He was casting the pieces originally.. and the "artist" was assembling and taking ALL the credit. After reading the details, I have to admit, Yes, I admire the work, but the "reverence" is lost.

I did read it. I understand that he was the "factory". I have no problem with him selling off existing inventory, it's the part where he creates new inventory that I have a problem with.

Of course, if he doesn't say anything, then who is really to know what already existed and what didn't?

In the end, it doesn't matter to me what he decides. But recasting sucks.

[megozilla13]

Just to make clear my last post, I'm not going to cast anything, I don't have the means or time to do it, I'm just going to sell what I have.
mikej

[B-Lister]

You were the factory, but his art would not have been possible without your art, and since he did not uphold his end of the bargain, you are under no obligation to honor any part of that agreement, either. Your parts and your molds are yours to do with as you see fit.

If he did not want you to, he would have upheld the original bargain, and this would not have been necessary. The way I see it, whatever you do to recover your losses up to the original amount is ethical, and you should proceed in whatever manner you find to recover your losses.

[rob_moz]

Crimson,

So your saying that Megozilla can sell the artist work w/o his permission, but if he recasts and sells his work that's a big no no!!! I completely understand that recasting is frowned apon and really should not be done, BUT I look at it like Megozilla has more than payed for the work to be his own now, like a commission he now owns said art work so he would be recasting something that is his now. Just like Hasbro pays artist to sculpt pieces for them, once they are done it belongs to Hasbro now, not the artist.

My point is Megozilla has more than given the artist enough time to make good on his end. I understand that this is a mute point because Megozilla is just going to sell the stuff, but what do you think is going to happen with the person who buys it??? Can they recast it and sell it??? They have no ties to the artist.

[CrimsonGhost]

Crimson,

So your saying that Megozilla can sell the artist work w/o his permission, but if he recasts and sells his work that's a big no no!!!

Replace the words "artist work" with "existing parts" and I will agree with your quote. The parts have been abandoned by Flatt. If I buy resin head on ebay of an original sculpt, decide not to use it, and turn around and sell it again, that should be ok. This is a similar situation.

I completely understand that recasting is frowned apon and really should not be done, BUT I look at it like Megozilla has more than payed for the work to be his own now, like a commission he now owns said art work so he would be recasting something that is his now. Just like Hasbro pays artist to sculpt pieces for them, once they are done it belongs to Hasbro now, not the artist.

I agree that Megozilla got ripped off, but I don't see how that now means he owns the artwork. The pieces, sure. But the art is still recognizable as being by Flatt.

The Hasbro comparison doesn't make any sense to me. You sign a contract with Hasbro that states they own the work before you even pick up your sculpting tools.

My point is Megozilla has more than given the artist enough time to make good on his end. I understand that this is a mute point because Megozilla is just going to sell the stuff, but what do you think is going to happen with the person who buys it??? Can they recast it and sell it??? They have no ties to the artist.

Of course I don't think the person who buys it can recast it and sell it!!

The thing I hate about the recasting argument is that the whole thing is on shaky ground from the word go. When Flatt is sculpting characters he doesn't own and making and selling multiple copies including boxes with artwork he doesn't own, then how can he TRULY claim any ownership? The whole thing is "honor among thieves" and there is absolutely NO WAY to stop recasting except to not support it. It is what it is.

Either way, Megozilla says he's only selling parts, so none of this discussion matters.

[Vinny0026]

I have to agree with this. The storage unit comparison sold me on it.

I think you are clear to sell what ever you have. I see no problem with it. As a man he made an agreement with you. If after ten years he has not made good on his half of the agreement than I would do what I had to to try and recover some of the loss. We all go through ups and downs in life - But at the end of the day you are only as good as your word. So let this be a lesson to all of us - If someone pays you for something you should do the right thing and send them what they pay for.

Would have been nice to hear a happy ending to this story - like after ten years he finally sent you the figures
But since that is not the case - sell everything.

[thunderbolt]

Amazing what a poor business man he is, with the god-like Mego customizing treatment that he gets from a lot of people. You'd think he'd like to keep up a good reputation.

[CrimsonGhost]

Amazing what a poor business man he is, with the god-like Mego customizing treatment that he gets from a lot of people. You'd think he'd like to keep up a good reputation.

Is he still producing figures? Seems like he stopped 10 years ago or so.

[megozilla13]

Charlee gets 100% of the credit for his figures. I just supplied him with parts just like Dr.Mego did, and even Mego itself did, to build customs. I also came in at the very end just before he semi retired. The deal worked for me because I enjoyed molding and casting I would have gladly exchanged the money and time it took to do that for his figures.

It's true, he was a terrible buisness man, and in some instances people recognized that and took advantage of him. But ultimately the decisions he made were his own. And the decision to take money in advance and not deliver is inexcusable.

When he stopped making figures he told me it was because it had turned into a job and he didn't enjoy it anymore. I haven't spoken to him in years but I've heard he continues to make figures for certain long time customers of his. I also hear he owes alot of figures to a lot of people that prepaid.

[CrimsonGhost]

Charlee gets 100% of the credit for his figures. I just supplied him with parts just like Dr.Mego did, and even Mego itself did, to build customs. I also came in at the very end just before he semi retired. The deal worked for me because I enjoyed molding and casting I would have gladly exchanged the money and time it took to do that for his figures.

It's true, he was a terrible buisness man, and in some instances people recognized that and took advantage of him. But ultimately the decisions he made were his own. And the decision to take money in advance and not deliver is inexcusable.

When he stopped making figures he told me it was because it had turned into a job and he didn't enjoy it anymore. I haven't spoken to him in years but I've heard he continues to make figures for certain long time customers of his. I also hear he owes alot of figures to a lot of people that prepaid.

Does he make any new figures, and by new I mean new characters or new sculpts? I haven't seen a photo of anything new in years.

BTW I'm sorry to hear what happened. I hope you can at least make some of it back.

[rob_moz]

Crimson,

I think you made some very good points in your reply and I would agree with you on mostly all of them, BUT I would assume there was some kind of verbal agreement between the two party's even if it's not clearly pointed out. Megozilla has very right to do anything he wishes with these items for the simple fact of there was promises made, money exchanged, and items sent. All one sided!!!!

So there's a little bit more to this than me buying a head (or any custom item ) from someone and turning around, recasting it and selling it myself. That I DO NOT SUPPORT!!!!

[Jshack]

Many fine points. Just putting my 2 cents in, if you had an arrangement with a buisness and that business went under owing you money, anything you had in your possession would be fair game to sell in order to recoup your losses. Sounds like you can consider Charlie to be "out of business" so selling the original stock would be alright in my opinion. Producing new items with his molds would cross the line, at least ethically. Legally I think you would be in the clear whatever you decided to do. It has been 10 years after all. Hate to see things go so far south.