I wonder where conversions fall into play here… All of my masks started out as Kirks, one of which was licensed. 
you know if mask makers sold masks in kirk like form with eyelids and stuff then they would no longer be myers masks and could be converted by the talented likes of JC Show would that work? (might run into trouble with the trek people or shatner’s people)
I’m thinking this may be the way around this issue, at least for H1/H2 masks. I don’t see Trancas being able to do anything about Kirk replicas or interpretations. I know this question sounds so silly, but does William Shatner own the rights to his own face?
it could work for other styles too it would be kind of interesting to see an interperatation of what say H5 would look like more kirky 
If Shatner doesn’t own the rights to his own face or name for that matter, we may run into trouble again.
most of the masks dont look like him at all so we ought to be fine
TWFS let me just make this clear about the lawyer she spoke with ok, the lawyer was a top aid to the then NC Attorney General here in NC, the reason she could get away with making the sculptor of Micky is because it was HER the artist interpretation of the mouse. She only used images of the mouse to help with details, which leads me to another point that particular lawyer made…as long as you do not use any trademarked methods or tools that Disney made in order to do a sculptor of the mouse it was legitimately her own artistic ability to create an image of the character. That point is true with the Myers mask making hobby, the artist are not using any type of method or tool trademarked by Trancas in order to create their image of Michael. I dont think trancas has any trademarks on sculpting tools or methods out there. I mean according to what you are saying i could potentially get slammed with a lawsuit over just drawing Michael Myers with a pencil and a piece of paper BECAUSE OF the “likeness” factor you speak of which is total BS people doodle Michael all the time based on what he looks like in their daydreaming mind.
I chose not to send this through PM because it has legitimate factors stated that relate to the topic at hand.
One more point that i see fit explaining is this since you speak of this “likeness” factor as a means to drop a heavy lawsuit on someone, case in point Burger King and Wendy’s fast food restaurants …Wendy’s has the “Baconator” and BK tested out their own type of Burger w/ bacon on it. The two burgers looked IDENTICAL side by side, both consisted of two beef patties with bacon, cheese, and all the other common toppings. The ONLY thing different about the two burgers is Wendy’s has square patties and BK has circular patties. And in mask making all the makers would have to do is slightly tweak the cheek bone structure just enough to be considered different. SO explain to me why Wendy’s did not sue BK over those burgers because of “likeness” i mean whats the difference between the two burgers???
I think i know a little bit about what i am talking about because i am currently enrolled in 3 count them 3 University Business law classes at the moment. As a matter of fact we just got done talking about the whole business competition based on likeness of a product and GUESS WHAT likeness is FAIR GAME as long as a trademarked method or tool is NOT used in the production of the final product. Because after all if a competitor has a product that is selling great like our indie mask wouldnt you want to produce a product like that in order to stay in business and be a competitor to them??? I mean “ethically” it isnt right but ethics are not law. I guess Trancas hasnt figured that little bit of VALUABLE information out about business because they sure as hell arent producing products we want!!! :butthead:
-Tyler
“i mean whats the difference between the two burgers???”
The Wendy’s one is actually edible…not a big BK fan
Damn!!! Now I’m getting hungry…
Anyway good points there and I’m glad you posted that. I think that so far what this amounts to is 1 person who is employed by trancas going around and messing with ebay listings and indy mask makers. Come on people, Trancas has bigger fish to fry…like making movies and making profits off movies…mmmm wendy’s fish sandwich
TJ, good to hear back from you. I was hoping you’d post as opposed to PM seeing is you weren’t trying to cause drama and instigate the situation away from it’s main point.
I’m in Siesta Key Florida right now, sitting in the condo of the VP of Walt Disney Ent. I come here often, usually 2 times per month, he and I had this discussion late last evening, and again, I was informed beyond the shadow of a doubt, that the creation of the “mouse” by a private atrist, is fine, using any tools you need to make it fully represent the “mouse” is fine as well. No rights are required to create art.
HOWEVER, rights ARE required to MAKE MONEY off of the said “mouse” for your own personal gain without the expressed written consent of Walk Disney Corp. Even if your friend sold it to only one person, that friend could be sued bigtime. Now, would Walt and Co. go after one person for selling one item “mouse-related” I think not. But in the case of Trancas, they’ve been seeing hundreds of thousands changing hands on a character that they own all exclusive rights to. That’s the problem that they have.
If your friend was making hundreds of thousands off of their “mouse creation” they could absolutely be sued. Anybody making a signifigant amount of money replicating something they do not have the rights to replicate, are in for big trouble if the copyright owners are out to make a statement. It’s a very serious issue in the business world. We as collectors might not look at it that way, but to them, it’s absolutely huge. Like I said in an earlier post in this thread, a women in WNY wanted to create balloons and sell them as part of her flower company, and even she needed consent, and has to pay an annual fee to continue doing so.
Again, nobody is gonna go after one person for one creation, but if a serious amount of money is being made, be prepared to face whatever comes your way as an indie artist.
Married to the VP of Disney, yeah you make me laugh… And don’t think I am stupid either, check out my join date… I run this show for the most part over 99% of you. I know all, I see all.