Legal Question For Moulding Sales

[akirastudio]

I have the opportunity to buy a complete set of moulds for the Iron Man Mk3 armour including latex moulds for the soft parts of the suit.



My question is:



Can i legally sell castings made from the moulds as this is essentially fan made armour or would i need to be licensed in some way?



Any help or advice would be welcome as i don't wan't to buy them and then be stuck with them as it is a large value purchase.



I was going to make my own suit originally but had the thought that i could cast my own from the moulds and then sell parts to other enthusiasts.



Look forward to any feedback



Regards



akirastudio

 

[AceHigh]

If you are worried about legal issues, my first advice would be to not even buy the molds as that alone might be trespassing the line of legality. I cincerely doubt that the buyer is free of guilt in a lawsuit.



My second advice, if you do go ahead and buy them, is to contact a law firm. I have read threads in the past discussing legal issues, and it seems to be as many views on legality as there are members. While the lawfirm might not be able to make it possible for you to sell copies unlimited or even legally, being in contact with a law firm to try to make it as legal as possible might be good (well, I think anyway...) should you ever get slammed with copyright infringement.

 

[kensai111]

I can answer this for you fairly easily. Here at 405th.com we're faced with the same legality issues in regards to Halo costumes, armor and props. I've had the opportunity to speak with both 343 Industries as well as Bungie staff as 405th Source Public Relations. The short answer is no - it is illegal to sell costumes, armor and props in any shape or fashion due to intellectual property rights in any amount whether it be a single item or many. They own the name, any and all likeness rights and all the universe contained within that the character lives in. There is some bickering from any prop maker because they feel they deserve some protection too since they made it with their own "artistic vision". The reality is when push comes to shove its you vs Disney & Marvel or you vs Microsoft and I assure you they have a far superior legal team than you. Do I find it unfair, yes I agree wholeheartly with the artists out there (myself being one) but facts are facts. I've seen something as small as a 1 time deal prop get a cease and decist to a whole community get taken down (Halo Crusaders come to mind as the most recent). You're just playing Russian Roulette, eventually one of the chambers is going to bite.



Cheers,

Kensai



Edit: As Adam pointed out below you can provided you've received a license to do so, an example of this is the Gears of War armor made by Nightmare Armor Studios who actually have a contract with the Gears creators. Likewise for Rubie's and the Halo armor, etc. Also to cover all legal boundaries and whatnot I am not a lawyer or attempting to impersonate one. All legal advise would be best received from someone who did their 7+yrs worth of college, specifically someone who specializes in IP's.

 

[BenStreeper]

if you are talking about this http://cgi.ebay.co.uk/Ironman-Costu...goryZ790QQssPageNameZWDVWQQrdZ1QQcmdZViewItem



I wouldn't for two reason



1: Known Recaster

2: This was molded from the statue, not made from scratch If you wanted to do that, it would be cheaper to buy the statue and mold yourself.



That being said, why not just make some ironman armor, It's half the fun

 

[Cadet]

In terms of "Fair use" when it comes to copy right, you are more than free to make costumes/props et cetera for own your private use. However, once you start selling those props to other people, once money money changes hands, then what Kensai said is true in the strictest legal sense of the issue. It's illegal. Heck, pretty much everything we do in the costuming world is technically, or borderline, illegal. However, the very important lesson I have learned from my experience the past seven years in Star Wars costuming (dealing with Lucas Film, a legal juggernaut on par with Microsoft) is this: Keep your head down. If you sell one or two sets here and there, or do a small run of "Hey guys, I made 10 helmets, how wants them?" Chances are Microsoft, Marvel, LucasFilm, whoever, is not going to notice or care. It is when you plunk down and set up shop, make a thread or even a website, and proclaim that you are making "X" costume with the intention of selling it, and will be making them on continuous basis as long as people will buy them, that you run into trouble and will get slapped with a C&D and possibly a lawsuit.



Long story, is it technically illegal to sell casting without a license? Yes.

If you openly proclaim you are going to take orders on a continuous basis, are you going to get shut down? Probably.

If you do your deals in private through PMs, Emails, phone calls, or if you do small runs occasionally, is anyone going to notice to know to shut you down? *Shrug* Probably not. And that is your risk to take.

 

[Adam]

No advice you receive on this site regarding legal matters should be considered. You should contact a lawyer. You can NOT legally sell, trade, or profit from the creation of props based on an IP that someone else owns, unless you hold a license for said IP.

 

[kensai111]

No advice you receive on this site regarding legal matters should be considered. You should contact a lawyer. You can NOT legally sell, trade, or profit from the creation of props based on an IP that someone else owns, unless you hold a license for said IP.

Bingo.



Cheers,

Kensai

 

[akirastudio]

Bingo.



Cheers,

Kensai

Hi All, thank you so much for all of your answers and it has confirmed what was at the back of my mind - I also called Marvel today and got through to a very helpful person who said that it would need licensing and what was involved. The short version is that Marvel would take 16% of the profit and would want a minimum guarantee regardless of how well the venture went eg. if the deal was that they would get a minimum revenue of $100,000 dollars then that is what you would have to pay regardless of product sale success. Before granting a license there is a rigorous process to go through in terms of providing business plans, marketing plans and distribution network details - the short of it being this is no small undertaking and not a hobby business.



I have made the decision to get started on my first pep project this weekend for my own suit to where to next years Comic Con so that gives me a year to get my costume together ;o)



Thanks again for your help and input and I have been very impressed with how active the forum is all round :rolleyes

 

[AlexSpartan177]

Glad you are going to make your own suit



Still If you make your own, you can customize it and/or add your own detail etc..

You can make awesome armor just by being creative

 

[akirastudio]

Glad you are going to make your own suit



Still If you make your own, you can customize it and/or add your own detail etc..

You can make awesome armor just by being creative

For sure i have made a quick trip to Wallmart, and got some materials, going to start with the helmet ;o)



Just watched the 405th welcome video and felt an introduction is in order given that it was the first thing i should have done. I am 37 years old and recently moved from the UK to Canada (9 months ago). I trained as an engineer for 13 years (Mould toolmaker from the start and moved into 3D cad and machining). 5 years ago I started my own Graphics and web development company www.akirastudio.com and have never looked back. I am into everything tech, comic book, gaming and sci-fi movies. After a recent visit to Comic Con Toronto 2010 dressed as Master Chief it inspired me to go a step further and look at building my own Iron Man suit as this is one of my fav characters. Did not know anything about pep until now but given my previous job history it fits in quite nicely with 3D CAD, Engineering and design so fingers crossed ;o)

 

[GarzakAzur]

If you want go presente your self for the canada in the ''canadian reg roll call'' in the 405th discussion.



Pat

 

[akirastudio]

If you want go presente your self for the canada in the ''canadian reg roll call'' in the 405th discussion.



Pat

Cheers Pat will do ;o)