Question about Remco's Universal Monster action figures

[The Toyroom]

So I notice that on all of the boxes (Frankenstein, Wolfman, Mummy, Phantom of the Opera, Creature) it says "Official Universal Studios'..." EXCEPT for Count Dracula. He's never referenced anywhere on the box as belonging to Universal Studios. In fact, the artwork used looks nothing like Lugosi, whereas all of the other monster look like their cinematic counterparts. Furthermore, in the copyright info on his box (and his alone) it states: "The Frankenstein (sic), The Wolfman, and The Mummy" are copyright Universal (Phantom and Creech were part of a later wave I believe)

So my question is...was there an issue with Universal and Lugosi's Estate at the time in regards to rights?

[1975]

That's one that bugs me too, the 3" figure card has Bela on it but the 9" figure features Count Yorga. Looks to me like they intentionally sculpted him generic too.

[poseablemonster]

Yep, there's always been that Lugosi estate issue since his son went after Universal.  I don't know the fine points, though.

[raycastile]

The AHi Dracula is not licensed, either.  The Funstuf Frankenstein is Universal licensed, but not the Dracula.  I'm sure there are plenty of other examples, including the 1998 Don Post reissue calendar masks.  All Universal licensed except Dracula.

[darkmonkeygod]

I'm a little bit educated on this, and have some crack-pot theories of my own regarding all of it, but since it's very late (or very early), I'll crib what I posted way back when as monsieurmonkey on the yahoo board about likeness rights:

Strange's heirs have the same rights as the holders of the estate of every person covered under California's so-called "Dracula Law" (referred to as such because Bela Jr. is the man who brought the issue to the forefront in his suit against Universal - which he lost in 1979, but which resulted in the California statute of 1984 that makes the name or likeness of a deceased person a property right that can pass to heirs, with a seventy year limitation.

Interestingly, the "right of publicity" already provides individuals with exclusive rights to the monetary value in their names and likenesses. What the 1984 law changed is that those publicity rights are now deemed assets transferable to heirs (Lugosi the older rights as such transferring to Lugosi the younger). This basically protects an individual from being owned after death by a cooperate entity, meaning that when you see Fred Astaire dancing with a frigging Dirt Devil vacuum-cleaner, Karloff's Frankenstein drooling over Honey Nut Cherrios, or Sinatra shilling what ever it is in this coming Super Bowl's commercials, it's not because some soulless suit decided it should be so. It's because somebody's son or daughter or grandchild, entrusted with the memory of their ancestor, cared enough to cash the check.

I think it evens out to fair, personally. But hey, nobody wants to but my face on action figures or toilet brushes, so I'm not to worried one way or the other.

Shannon

Yeah, I quoted myself.  What do you want, it's 4:45AM.

[roheimiana]

I'm no expert but I believe the squabbling between Universal and Bela Junior started as early as 1965 when he filed a lawsuit over the Don Post Dracula "Calendar" mask, leading to it being discontinued the following year. And I don't think there was any real resolution of the issues involved until 2001 when Sideshow was belatedly allowed to add a Dracula (which was licensed both by Universal AND Lugosi) to its line of 8" figures. That's more than 35 years of legal wrangling!

Personally, I feel that licensing is a mixed blessing anyway, particularly now that Universal takes such a heavy-handed approach to telling companies exactly how their characters can be represented. Heck, Universal even presents toy designers with an Official Style Guide which dictates such things as the precise shade of green the Frankenstein monster must be. And, if you want to depart from any of these Draconian regulations, you have to jump over so many further legal hurtles that few companies bother to try.

Instead, I have a particular affection for many of the monster toys which were created without a license and which owe a good deal of their charm and uniqueness to the need to avoid copyright infringement. A case in point, the Telco motionettes:



Give me the neat-looking but unlicensed Frank on the left (from the late '80s) over that Universal-sanctioned Green Goof on the right (from the early '90s) any day....

[fmofmpls]

I have a particular affection for many of the monster toys which were created without a license and which owe a good deal of their charm and uniqueness to the need to avoid copyright infringement.

Agreed. And the Telco example is a good one. Knock off toys can have an aura all their own; sometimes good, sometimes bad.

Speaking of unlicensed product, how in the world has the company known as X Poster Archive been able to unabashedly release their slew of products without occurring lawsuits from Universal?

You may recall, X Poster Archive was the company behind all of the recent Dollar Store monster products during the past few Halloween seasons. And most recently, the giant size Frankenstein Pez! Which even includes Karloff artwork on the back of the box! All without any mention of licensing whatsoever on the package! How in the hell does that work? And it's not like Pez shouldn't know any better? All they do is deal with character related products. Things that make you go hmmmm?

[The Phantom Creep]

They also did those Monster pajama pants and underwear that were at Target. I saw some weird movie magnets that they did once but there weren't any monster ones. I don't know how they get away with it but I hope they keep it up, they put out great stuff!

[GAKENSTEIN]

Yeah, the mug on that green Universal-approved Frank-onette always looked like he just made poopypants.

Which brings up a question probably better left in the toilet...  did Dr. Frankenstein potty train his creation, and if so, how??? Monster-sized underoos??  Depends, I guess....

[Dr.Terror]

They also did those Monster pajama pants and underwear that were at Target. I saw some weird movie magnets that they did once but there weren't any monster ones. I don't know how they get away with it but I hope they keep it up, they put out great stuff!

The thing is they don't get away with it.  The dollar Store stuff was pulled from shelves, pretty sure the same with the PJs.  I think it's a matter of time before the Pez is pulled also.

[fmofmpls]

The thing is they don't get away with it.  The dollar Store stuff was pulled from shelves, pretty sure the same with the PJs.  I think it's a matter of time before the Pez is pulled also.

I heard the same with the Dollar Store stuff. I find it astonishing that Pez is taking such a risk in releasing unlicensed character product. With all their licensing wherewithal, you'd think they would know better. It's not the first character related dispenser that they've ever released! That's all they do! So why would they play stupid this time around? I'm thinking they better have an attorney Pez dispenser in their lineup. They're probably going to need it real soon.

[The Phantom Creep]

Yeah Dr. you are correct about the dollar store stuff but they did get away with it for two years. I bought a ton of those dollar store figures, not really sure why, and I have no idea what I'll ever do with them. Don't worry Shannon I have yours. 

The Target stuff didn't get pulled here. I even bought a few more once they were marked down after Halloween.

[NekroDave]

Shawn, I don't even know what you're talking about, but if you've got extras, send them my way! Hell, I don't even remember if you paid me for those bottles or Green Ghost game I sent ya, so you owe me! (Yes, if I don't remember it, it didn't happen.... )

[Dr.Terror]

Whats interesting about the Non Universal Telco Frank is that it's based on the Don Post Karloff Frankenstein mask.

[The Toyroom]

I got to thinking about the Flatt World Bela figure....It's referred to as "Bela Lugosi as Dracula" but  the pics are either non-Dracula photos of Bela or a drawing of Bela as Drac. But nothing "official" from Universal's archives. The copyright on the figure is "'Bela Lugosi as Dracula' ...are trademarks  of Bela Lugosi and Lugosi Enterprises".