nkamom,
Making a figure from a mold of a copyright-protected work, like a
cartoon character, is technically known as "making a derivative work."
When you buy the mold, the copyright owner is granting people who
purchase the mold a limited license (permission) to make these
derivative works for home use. The resulting figure is, in all
respects, a faithful reproduction of the original copyrighted
character, and copyright protection attaches to the molded figure. I
very much doubt that the copyright owners would approve of your
selling their copyrighted figures without paying them a royalty fee.
Here's an analogy: let's assume that I am watching Spongebob
Squarepants (who apparently is now gay--go figure) and I grab a lump
of clay and mold an exact reproduction of Spongebob. The owners of
the copyright in the Spongebob character still own the copyright in
and to any likenesses of Spongebob--changing the media used does not
matter. So sure, they'd be mad if I made a thousand of these figures
and sold them since I am profiting from using their intellectual
property and they are not getting a dime in royalties. Changing the
color of the shirt does not help you. You have to vary the original
work enough so that your work is a wholly new creation and not merely
a derivative work to avoid copyright infringement.
Will they come after you? If they find out about you and if you are
selling a bunch of these things they will. If you?re going to open a
store, you should contact the owners of the rights to the figures and
get a license. |