Im leaning towards what Paul and Josh have commented on…
Paul points out it is unlikely that there was a conspiracy between the original three involved, JC, Nick and TLW which i tend to agree with…and Josh/Brackett also mentioned that there IS info that JC visited Don Post Studios duing the filming of H2, which I could see being confused years later by some as possibly occuring during the filming of H1 when the visit occurred…also, what cant be deined is that alot of people probably want to jump in and share some of the credit for such a legendary mask now.
I did find this court ruling that Kaziu referenced. I believe it was posted here once before, but ill throw up the link.
its 22 pages, but well worth the read. Don Post sued Cinema Secrets for copyright infringement when CS started making Myers masks…DP alleged this was infringing on their patent for the Don Post The Mask (DPTM) that they patented in 98.
https://www.paed.uscourts.gov/documents/opinions/00D0911P.pdf
Heres another link to it
http://www.leagle.com/decision/2000435124FSupp2d311_1406.xml/DON%20POST%20STUDIOS,%20INC.%20v.%20CINEMA%20SECRETS,%20INC.
If it doesnt work just type in Don Post vs Cinema Secrets.
Here is an overview of the lawsuit Don Post launched against Cinema Secrets:
During preproduction of the 1978 film Halloween, representatives of the film asked Don Post Studios to create a mask for use by the lead character in the movie, a deranged serial killer named Michael Myers who attacks his victims with a knife on Halloween night. Don Post Studios was at the time in the business of providing special effects and masks to the film industry as well as manufacturing latex rubber masks. See Post Dep. at 24-27.
The Halloween representative instructed Don Post, head of Don Post Studios, to modify a mask of Captain Kirk, the character featured in the television series Star Trek played by William Shatner, which Don Post Studios had previously created.
[124 F.Supp.2d 314]
See Post Dep. at 134-35. The Captain Kirk mask is based on a foam master owned by Don Post Studios of Shatner’s head. Don Post Studios modified the Captain Kirk mask as per the film representative’s instructions and delivered it to the filmmakers. In return, Don Post Studios was paid $150.00 for its work on the mask. Don Post Studios did not assert, nor did it reserve any rights to the mask at that time. It was this modified Captain Kirk mask that was worn by the character Michael Myers in Halloween.
In 1981, three years after the original Halloween film was released, Don Post Studios requested but was not granted a license from the filmmakers to market the Michael Myers mask. See Def.'s Ex. 26.
In 1985, Don Post Studios began work on DPTM. According to Don Post, the concept of the mask was that of a face with blank, expressionless features that would represent “Every” man. To effectuate this project, Don Post hired sculptor Neil Surges. See Post Dep. at 165. Post provided Surges with the same foam master which had been used to create the Captain Kirk mask.6 Post told Surges to reproduce the foam master in a sculpture so that DPTM could be mass produced. See Post Dep. at 168-69. Some time around the conclusion of the project, Surges made an entry in a calendar that read “finish William [sic] Shatner bust,” see Def.'s Ex 69, and took a picture of the foam master, see Def.‘s Ex 57.
In 1986, Don Post Studios began producing and marketing DPTM. It is undisputed that DPTM has become a commercial success. Originally, the skin color of DPTM was a flesh tone. One year later, however, the skin color was changed to its present white tone.
In 1997, Don Post Studios attempted to obtain a copyright registration for DPTM. To do so, it retained the law firm of Berman, Berkley & Lasky to prepare the application to the Copyright Office. Melissa Calhoon, Esq., a lawyer at the firm, was assigned to conduct an investigation into the origins of DPTM. During the process of interviewing Don Post Studios employees, Calhoon was provided with a Captain Kirk mask, a copy of the mask that was used in the Halloween movie, and DPTM. See Calhoon Dep. at 16. Based on her investigation, Calhoon submitted an application to the Copyright Office describing DPTM as a derivative work of a “preexisting mask with different facial coloration, hair, and eyes.” Def.‘s Ex. 56. The Copyright Office rejected the application.
In 1997, Don Post Studios engaged Neil Boorstyn, Esq. to prepare a second application to the Copyright Office to obtain a copyright registration for DPTM. Boorstyn’s investigation consisted of interviewing Don Post.7 See Boorstyn Dep. at 23. Post told Boorstyn that he alone was responsible for creating the concept of DPTM. See id. Based on this representation, Boorstyn filed a second application with the Copyright Office asserting that DPTM was an original creation. See id. This second application did not make any reference to the Halloween movie mask or the Captain Kirk mask, or to the first application previously rejected by the Copyright Office. See Def.‘s Ex. 30. Based on representations contained in the second application, the Copyright Office granted Don Post Studios a copyright registration for DPTM.
In 1999, Cinema Secrets entered into a non-exclusive licensing agreement with the
[124 F.Supp.2d 315]
holder of the Halloween copyright to produce and market a Michael Myers mask based upon the Michael Myers character in the movie. See Pls.’ Ex. 7. Cinema Secrets hired Chris Hanson, a sculptor, to effectuate the project. See Pls.’ Ex. 29. Hanson was given three smaller sized pictures of the mask as it appeared in the movie and a videotape of the movie. See Yablans Dep. at 74. The final version of the mask created by Hanson was approved for accuracy by Mickey Yablans, the movie’s licensing agent.8 See id. at 66.
In the summer of 1999, Cinema Secrets began marketing its Michael Myers mask. In the fall of 1999, Don Post Studios filed the instant lawsuit, alleging that Cinema Secrets’ Michael Myers mask was a copy of DPTM.
Anyhow, the whole case is to large to copy here (you really need to read it becauss my summary does not contain enough detail), but it looks like the court found that Don Post tried to get a licence and associated themselves with the original Halloween mask in a few cases as far back as 1981, but that in 1997,DPs attempted to get a patent on their “The Mask” which was unsuccessful as it was found to be a representation of a pre-existing work because of its connections to Halloween . the next year, Don Post tried again to get a patent claiming DPTM was a completely original work that wasnt associated with Halloween, but was their own original idea. That patent was granted and DP sued Cinema Secrets when CS started releasing Myers masks around that time…in that lawsuit it appears that DP was trying to show their connection to H1 to support their position that CS commited a copyright infringement, even though the patent they eventually got in 98 had said that DPTM was an original work NOT associated with Halloween.
I guess what im getting at, is that when you look at the different patent issues, attempts at getting patents, court cases, information from those involved, i can see how the story might get mixed up especially when different versions are being brought up to the CopyRight office and in law suits. It seems even DP has changed their position on their association/connection with the original Hero to suit the scenario they faced. I could see former employees confusing different things they heard about the lawsuit, their memories on when and who visited the studio from the film crew etc over the years and some facts getting mixed up.