Head ownership

[HumanWolfman]

How can someone who sculpts a character they don't have the rights to own said sculpt? This is always the question we argue about here. It comes up all the time.

because you own the sculpt, not the intellectual property.

[LonnieFisher]

Did B.L. get permission from the original sculptor to modify the Cap head? Or just decide to customize it and sell copies? Hmmmmm...

[LonnieFisher]

Do you want to have a good relationship with B.L. and be able to keep buying his custom heads? Hmmmm...

[LonnieFisher]

So many questions, so few answers! Things that make you go "Hmmmm......"

[LonnieFisher]

You could let B.L. sell the mod you made and split the profit from each head with you. Or you could sell copies and split the profit with him. Or you could both get arrested and share a jail cell together for "theft" of the original sculpt.
(Man, am I a smart-***, or what?)

[LonnieFisher]

Pain killers, lack of sleep, and posting on Mego Museum! Somebody make me STOP!!!!

[Mego Magyar]

You could let B.L. sell the mod you made and split the profit from each head with you. Or you could sell copies and split the profit with him. Or you could both get arrested and share a jail cell together for "theft" of the original sculpt.
(Man, am I a smart-***, or what?)

I hope Brian isn't taking any of this personally, I only used the head I got from him as an example for my question. If he wanted a copy of the head I made from his he is more then welcome to have one and he could do whatever he wants with it. I never planed on selling it, it was just an example.

If we're going to jail for that the cell will be REALLY full with all the customizers around here.

[ctc]

>If we're going to jail for that the cell will be REALLY full with all the customizers around here

Top bunk! Called it! And I'll CUT anyone who argues, geddit?

>I never planed on selling it, it was just an example.

That's what I figured. It's an interesting question. The same sort of debate went on back in the late '80s with the garage kits. A lot of places turned a blind eye to the whole thing 'cos it was seen as cheap publicity for properties that had limited value. Then the '89 Batman movie came out and all the big companies freaked 'cos they had no idea what was going to be valuable. So they clamped down pretty hard. All of a sudden like.

Don C.

[LonnieFisher]

>If we're going to jail for that the cell will be REALLY full with all the customizers around here

Top bunk! Called it! And I'll CUT anyone who argues, geddit?


Don C.

I'm short so I'll gladly take a bottom bunk.

[dr_cyclops]

ctc, please allow me to apologize for using the term "public domain". I should not use legal terms in what I'm asking.
If the custom Mego community respects the toy customizers desires for exclusive trade on their custom toy boosts, would they also tolerate bootlegging of a custom cast, If the customizer didn't care?
While I enjoy the community's standards on recastings, that allow the artist to recover some of his time and effort. I'm left to wonder how a customizer may decline this community standard, if they do not desire exclusive trade interest in their custom toy boosts. Making it community acceptable for anyone to offer castings of certain custom heads. No legal rights or liecensing offered or implied.

[ctc]

>would they also tolerate bootlegging of a custom cast, If the customizer didn't care?

I think so. The community of Mego customizers is kinda small, so everyone knows everyone else.... which means everyone knows everyone else's business when it comes to customs. If it were known that the original artist was okay with someone else copying their part, I don't think people would mind. It's happened before.

Don C.

[dr_cyclops]

Thank you, ctc.
I would like to state here and now that only my toy boost customs (Aurora Superman and FC hooded Dr. Doom) are for everyone to cast and trade. As gifts to the custom Mego community, there will be more toy boost custom heads coming soon.

[megocrazy]

From one side simply talk to BL. That will resolve any issue from the start.

When I was casting, I always looked at it as an honor among thieves kinda thing. I would never just recast someone's product and sell the copies. If you weren't actually sculpting anything, and were just resizing something, as long as it was modified from the original resized casting, you were fine. I know some that resize heads, argue the point, but basically they took someone else's work and changed it, and that's what I did as well. The argument shouldn't be changed because of what side of the fence you're on. The original sculptor has the same argument they have, and the copyright holder on their side as well.

If I looked at this situation from the outside as if I didn't know anyone involved, since the original is nothing more than a reworked Cap head, you could have bought a resin Cap head and modified what you wanted to, as stated earlier. Does look like Brian moved the cowl lines a little though. Even though you purchased the original from BL you basically removed what made it "his" head and ultimately made it your "own" work. Of course removing the whole Marvel Comics actually owns the rights thing. Doc has a box of resin heads at the Meet that has a ton of recast Cap heads in various colors. Anyone could purchase one and modify it to any level they wish and create their own custom piece. IMO. Faithfully submitted, Douglas C Niedermeyer, Sergeant at Arms.

[HapSlash]

I believe that producing copies of something that is based on the work of someone else, should only be done with consent from the person who originally put it together. It really is the only way that you can walk away with a clear conscience, as recasting sculpts can have consequences aside from upsetting the person who's work you've appropriated, that you may not realize.

I've done a bit of sculpting, and I know what it's like to have people sell recasts of your work. If I go on eBay right now, I can find quite a few of the heads I've made, being offered by someone who isn't me. It's disheartening to spend weeks/months working on a sculpt, only to have someone come along, buy one, and then make an instant profit off of your work.

This is the biggest reason why I haven't been selling my sculpts anymore. Selling the pieces I created, helped to pay for the molding/casting and sculpting supplies. Now I'm not sure that it's even something that I could afford to do. If I'm only able to sell 4 or 5 casts of a particular item, I would have to charge a lot more than I'd like to in order to break even.

While this is more about the general idea of recasting, not necessarily this particular instance; I still feel it would be best to talk to the original creator if you can.

[Random Axe]

I know the seller you speak of and yes, it sucks, especially if it keeps you from enjoying the hobby and the craft. You have some great sculpts, dude. I'd never seen them before. You just have to be very careful who you sell to, and that's sad to always think about covering yourself in a fun hobby like this.