Trouble for anyone making Myers custom masks or figures!

[DarkArtist81]

I learned a bit of news today. Trancas international sent Cease and Desist letters to Michael-Myers.net to remove their MM.net T shirts from their website, stating that it was an illegal use of their character's image. And that they were going after the mask makers next... So the whole Myers mask community is freaked out, wondering what will happen.

The thing I wonder is why it took so long for them to do this... I mean, it's not like this is an unknown hobby.. the mask making that is. The licensed masks look like Hell, so it's understandable that people would make their own. I just don't get the logic in destroying your own fanbase like that, even if they are right to do so.

If they would have done this when the masks were just starting to get made, I can see it. But allowing it to go on as long as it has before trying to drop the hammer doesn't make sense. What's next? Is Sony going to stop people from making proton pack replicas or Ghostbusters suits? Is New Line going to make all Jason mask makers and painters Cease and Desist?

Another thing is that people like myself or Sovereign studios or Maybang next? Will we get letters telling us to stop as well? If it happens to the mask guys, it will happen to us. Time will tell... But in any case, it's definitely scary news.

 

[Darth_Fatso]

They'll never be able to fully stop independent mask makers from making and selling masks. They'll just go underground and sell them on forums and such rather than through personal websites. New Line tried to crack down on artists from selling hockey masks and Freddy gloves a few years ago and from my understanding still ocasionally send c&d's to some makers but there are still plenty of hock and glove makers around.

 

[thenammagazine]

I learned a bit of news today. Trancas international sent Cease and Desist letters to Michael-Myers.net to remove their MM.net T shirts from their website, stating that it was an illegal use of their character's image. And that they were going after the mask makers next... So the whole Myers mask community is freaked out, wondering what will happen.

The thing I wonder is why it took so long for them to do this... I mean, it's not like this is an unknown hobby.. the mask making that is. The licensed masks look like Hell, so it's understandable that people would make their own. I just don't get the logic in destroying your own fanbase like that, even if they are right to do so.

If they would have done this when the masks were just starting to get made, I can see it. But allowing it to go on as long as it has before trying to drop the hammer doesn't make sense. What's next? Is Sony going to stop people from making proton pack replicas or Ghostbusters suits? Is New Line going to make all Jason mask makers and painters Cease and Desist?

Another thing is that people like myself or Sovereign studios or Maybang next? Will we get letters telling us to stop as well? If it happens to the mask guys, it will happen to us. Time will tell... But in any case, it's definitely scary news.

Do they even own the rights to the original Shatner mask that was used as a base?

 

[DarkArtist81]

They'll never be able to fully stop independent mask makers from making and selling masks. They'll just go underground and sell them on forums and such rather than through personal websites. New Line tried to crack down on artists from selling hockey masks and Freddy gloves a few years ago and from my understanding still ocasionally send c&d's to some makers but there are still plenty of hock and glove makers around.

That is exactly what I said, almost verbatim on the MM.net forum.

I don't see it dying, they will go underground and things will continue as they always have. The monster is too big to kill, no matter how much they want to kill it.

And Nam, I don't think they do. The Kirk mask was a Don Post mask, and John Carpenter said that he never asked permission to use it from Paramount or DP.

 

[karamazov80]

The Kirk mask was a Don Post mask, and John Carpenter said that he never asked permission to use it from Paramount or DP.

Gotta love that irony.

 

[DarkArtist81]

I got an update via MM.net. They said that the guy at Trancas who started this whole thing responded saying that the shirts that MM.net was making have been removed so they won't be pursuing the matter further. So it seems like the mask makers are off the hook for now.

But it still seems like they are starting to get a little bit more antagonistic towards people using their license in any way. The MM.net shirts weren't using official images, they were fan pics of masks made by fans. The only thing was that of course they said.. "Michael-Myers.net" on them. I guess that name is off limits.

I just worry that they might start cracking down hard all over the place, which would be a shame. Like I have said before, when WB shut down my ebay auction for Mr. Freeze.. I think it's crap to try and shut down a fan operation that is making less than 100 of something bearing a likeness or name that is licensed.

If it were over 100 or selling stuff in a store... I can see the issue. But if it's just art created as an homage? It's no different than peasant artists in ancient times making clay statues of Achilles or Hercules. To me it's 100% unadulterated greed when they go after the small guy who isn't making thousands off of their license... It's art, an homage to the beloved characters of our day.

 

[uscmhicks]

this is similar to the problem me and solidsnake have on youtube.
If we review a sideshow statue with a little move footage in and the company who own the rights to the movie find the video they can take the video down. Its not like were showing the whole movie. Just a minute or two.
I think the people who are trying to stop these masks , figures and other things from being made obviously don't care about the idea of a fan base behind there characters they create but they should do because its likely thats what will sell future movie tickets.
They take us for granted really and because were basically addicted to this stuff ( ) theres not much we are willing to do. It just seems something pointless and useless to do. I mean lets face it , if an awesome custom mask get stopped from being made that isn't going to make people by one of those terrible licensed ones.
I don't think this will ever get to the point where everything is stopped , its just not possible. Theres too many people doing it now in too many places and rightly so.

They'll never stop us !.
It's there own fault for creating such awesome characters anyway.

 

[MaulFan]

Well, eBay is still full of masks for sale, so they can't be scouring too much, or they're slow to act.

It's making me glad I've ordered my Shatner replica while I have, could be trouble if this moves forward and squashes things, or just make getting one cost a rediculous ammount because of how hard they are to get.

Now someone just tell them there's big demand for product and put out official, accurrate stuff.

 

[abstractharmony]

I'd love a GB proton pack but the GB 'fan community' is as closed a group as you're ever likely to meet.

Disparate groups back-biting and sniping on the other groups.

Makes me sad.

At a recent con in the UK I tried to ask the GB costumers about plans and such, they looked at me like I was crap and walked away.

That would NEVER happen in the horror community.

 

[Ron Jeremy]

Do any of you guys remember how C & D slaphappy a lot of those companies were to garage kit makers in the late 80's and very early 90's? Some of those artists would maybe make only 25-50 kits and were getting slapped left and right. Glad those days are long gone.

 

[xenofreak]

well Ebay banned the sale of unwashed dirty panties awhile back, but it didn't stop all sellers. They now speak secret code in their listings.

 

[Shropt]

well Ebay banned the sale of unwashed dirty panties awhile back, but it didn't stop all sellers. They now speak secret code in their listings.

So that's why I got dirty women's underwear when I ordered some fish wrappers on ebay. Go fig...

 

[Kabukiman]

If the copyright holders would grant licenses to companies that can make halfway decent product, we wouldn't have to rely on the mask makers and figure customizers.

However, if a copyright holder does not attempt to protect their copyright, they run the risk of losing it. So it might just a case of a routine "hey don't forget we own this" rather than a "hunt down and destroy" thing.

 

[JacktheRipper]

funny this was posted 'cause I didn't know there was a revamped Halloween II. Trailer looks interesting, but very Zombiefied.

 

[thenammagazine]

And Nam, I don't think they do. The Kirk mask was a Don Post mask, and John Carpenter said that he never asked permission to use it from Paramount or DP.

Then they have no actual grounds for a C&D so I'd challenge them on that. Painting it white isn't making it "significantly different." Now copying Zombie's mask might be a different story. But as for the originals, I wouldn't sweat it. Again, just challenge them on the original mask and make sure you don't call it "Michael Meyers," "Halloween," or "The Shade," or any of the other names they used and use a generic like "Holiday Monster" or "Spooky Killer," etc.

 

[Darklord Dave]

This usually happens when a new installment of a franchise is on the horizon. With H2 coming out soon they're cracking down right now. Six months after the DVD for H2 comes out they won't care again.

 

[DarkArtist81]

Well, they are at it again. They have swept Ebay and shut down all auctions of independent Myers masks, even those from people's collections that they were selling. They seem to be out for blood this time, not just purging prior to the film like usual.

Horrorbid has removed all Myers masks from their site as well, to avoid any entanglements.

So I urge any and all fans of custom masks or creations to write Malek at Trancas and let him know how this makes you feel. What your thoughts are, etc.

Malek Akkad
2021 Pontius Avenue 2nd floor
Los Angeles, CA 90025

I understand that it's a license and that people cannot list custom masks as "Michael Myers" masks or use the title Halloween, but now they are saying we can't sell masks as "White Masks" or "Shape Masks" or even "Mr. Boogaboo-Skins", if in fact it looks like a Myers mask. They are basically outlawing art created with any resemblance to Myers, if it is sold.

I just think it is dumb to try and destroy your most rabid and tried and true fanbase over a few replica masks that are only bought by people who would NEVER buy one of those crappy ass licensed masks. To piss off those rabid fans is retarded, we are the only ones who buy multiple copies of films and tons of merch that most people would pass up entirely. This is basically like spitting in our faces and telling us we don't matter.

 

[DarkArtist81]

Here is a back and forth between Trancas and a seller on ebay:

Well my auctions have been removed.. He sates an outsider has chimed in.. I'm pretty sure I know who that is.. That will be another story to tell.....

Anyway, I have had an auction removed. here is the notice... "Dear zandlo_productions (zandloproductions*****.com),

You recently listed the following auction-style listing:

190328871543 - A MICHAEL B. MYERS NIGHTMARE HALLOWEEN LATEX MASK


The listing was removed because it violated eBay policy.



The rights owner or an agent authorized to act on behalf of the rights owner, Trancas International Films & Compass International Pictures, Inc., notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.


A listing or item may violate intellectual property rights if the seller:
- Uses a manufacturer's photo or item description
- Lists a counterfeit or fake item
- Lists illegal copies of media such as music, movies, computer programs, and video games.

For more information on this eBay policy, please visit:

https://pages.ebay.com/help/tp/programs-vero-ov.html




To take the intellectual property tutorial, please visit:

https://pages.ebay.com/help/tutorial/ver ... intro.html

Please be aware that any additional violations of this policy may result in the suspension of your account. eBay understands that you may be concerned about this situation.We encourage you to contact Trancas International Films & Compass International Pictures, Inc. directly if you have any questions.

You can send an email to: [email protected]

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:

https://pages.ebay.com/help/tp/programs-vero-ov.html



For more information on why eBay may remove a listing, please visit:

https://pages.ebay.com/help/sell/questio ... ended.html

Please be assured that your listings have not been targeted in any way. Although there may be similar items currently listed on eBay, we review all listings that are reported to us by eBay members or Verified Rights Owner (VeRO) program participants. We rely on reports from our members to help maintain the safety and security of our Community. We encourage you to report any items by using the REPORT THIS ITEM button on the listing so we can quickly remove any other items that should be removed.

Your listing(s) may be eligible for relisting through My eBay. If your listing is eligible, you will see the listing in your Unsold Items page within My eBay. Listings that are not eligible for relisting will not be visible in the Unsold Items page.

To relist your item, sign in to eBay, go to My eBay to your Unsold items, and select the item that was canceled -- it's highlighted with a yellow banner. Before relisting, please make any changes necessary to ensure that your revised listing is in compliance with the law and eBay policies. You might want to check your other listings for similar violations as well.

Thank you for your understanding.

Sincerely,

eBay Trust & Safety team






MY REPLY...

My auction was removed because of you. I have an attorney on stand by. Please state Your reason for removing my auction. If this happens agin, I will be forced to take legal action against you, and I shall do so. What rights did I violate?

Please keep in mind my auction was removed. Ebay is my life support. Please have any and all documents ready..

Ebay will get a copy of this email.

Thank you.

BRIANS REPLY...

Ray, we haven't removed anyone auctions. We simply reported bootleg Michael Myers masks to Ebay. Was your auction for one of those illegal, bootleg masks? Can you please send me the name of the company that made the mask, the name of the mask and an image of the mask in question? That would be greatly appreciated and would really help to expedite your concerns.

Please have your attorney contact me in my office tomorrow morning at the number below. I should be in around 9 am PST.

Brian Rayman
310.477.6569
Trancas International Films
2021 Pontius Avenue 2nd floor
Los Angeles, CA 90025

My REPLY...

I'm asking what proof do you have that my auction was, in fact, in any violation of any "bootleg??
You have disrupted my auction? What proof do you have to do such a thing? NONE!

I know who you are and the people you represent. You AND THEM have no right....

This is a personal matter and now shall be acted upon as such.

BRIANS REPLY...

Ray, we only reported bootleg masks to Ebay we did not report anything else. What was the mask in question that was removed? If you cannot provide me with the information that I requested I cannot help you.

This is not a personal matter. This is a DMCA matter with EBAY. A site which has allowed the sale of unauthorized merchandise for who knows how long. These auctions were reported to us and we are now dealing with it.


Brian Rayman
310.477.6569
Trancas International Films
2021 Pontius Avenue 2nd floor
Los Angeles, CA 90025

MY REPLY...


My auction was a "A MICHAEL B. MYERS NIGHTMARE HALLOWEEN LATEX MASK "

I have detailed pics of the mask in question..

Please provide me with reason (PROOF) why my auction was ended..

You're telling me any Tom, ^^^^, and Harry can say "WHATEVER" and can have anyone's auction removed??? I don't think so.. You better have a very good reason my my auction was removed from a complaint by you...................... And it was by you, because this is the email eBay gave me...............

BRIANS REPLY...


Magic/Rubies/Cinema Secrets/Illusive Concepts then it is not a licensed mask and has no place on a respected very public auction site such as Ebay. I don't know where you get your information from, but you are not correct. Changing the name of the mask will not stop the violation, it's still looks like and is a Michael Myers mask and therefore is a violation of Ebay's DMCA policy.


Brian Rayman
310.477.6569
Trancas International Films
2021 Pontius Avenue 2nd floor
Los Angeles, CA 90025

MY REPLY...

I have NEVER stated that the mask in question came from them... What right do you have?????????

Waiting for a reply.. This is going on now, btw...

BRIANS REPLY...

I don't have any rights in this Ray, but Compass International Pictures along with Trancas International Films (who I work) for does and your in violation of it. I am acting in authority on their behalf. So you can continue to ignore the fact that what you are doing is illegal and think you have a case, or you can cease and desist selling bootleg merchandise on Ebay. The choice is up to you. This type of activity has gotten way out of hand and is not being tolerated any longer.

I've been quite busy this evening speaking with everyone who had their listings taken down (even though I don't have to) and the one common denominator you all share is you actually believe you are entitled to do whatever you want without permission. Something I don't understand and probably never will. Please do not list that mask for sale again on Ebay.

Brian Rayman
310.477.6569
Trancas International Films
2021 Pontius Avenue 2nd floor
Los Angeles, CA 90025

MY REPLY...

Look up DON POST VS CINEMA SECRETS.... I'll see you in Court, buddy.. Good luck with this.. This is a dry case.. The fans created an idol from an image.... As sick as it may sound, it is going on as of now.. Better sue every 3, 4, 5 and six year old's mother who paints and dresses their kids as their favorite idol for HALLOWEEN... I wish you,
Compass International, Trancas International, the best of luck in your quest for domination.. But the fact remains, THE fans will ALWAYS prevail...

Peace, Ray..

BRIANS REPLY...


I don't have to Ray, I know all about Cinema Secrets and it has nothing to do with us. Compass gave Don Post exclusive rights to sell that mask years ago, during the Joe Wolf era and before my time here and Cinema Secrets violated that agreement. Plain and Simple. When the contract runs out with Don Post we can either renew with them or seek another vendor. We hold that right.

No one wants to sue anyone over this Ray, it's not worth it. You couldn't afford the legal fees let alone the judgment that would go against you if this ever went to court and that's a fact. I know the fans are always first and foremost with Compass and Trancas and this situation isn’t about that. Your community is so small that it wouldn't matter if you disappeared tomorrow when it comes to the scope of this fan base, but you are blatantly selling these in open public and we have to act on all complaints to us.

 

[thenammagazine]

If I was that seller, I might look up who owns the legal rights to the original mask and ask to represent them. If Trancas doesn't own the rights to the original Shatner mask, they have no foundation for their behavior. Again, painting the damn thing white doesn't make it significantly different from the original. It still looks like the Shatner mask.

 

[Anton Phibes]

It seems to me that if anyone should be suing anyone, it should be Bill Shatner suing the world.

Seriously, tho...makes me really glad I pulled the trigger on a Maniac and a special edition H20 when I did. they may dry up now.