Tuesday, January 16, 2007

Forgeries, Recasts and Replicas - What's the Difference?

by PropMaster, staff writer

The idea that anyone would call a legitimate replica a forgery has always boggled my mind. Some people just can't seem to grasp the differences between the two. Therefore, I would like to discuss the facts regarding forgeries, recasts and replicas.

The prop hobby is as much infected by greed and ambition as any other field you can mention. Many prop replica makers seek recognition and wealth while often dealing with prop collectors that are more interested in the investment potential of props than they are in the "hobby" of props. It is not surprising that frauds and recasts would be flourishing in this environment. Some props, like the authentic Star Trek communicators, tricorders and phasers have huge monetary values. Authentic, screen used props are valuable because of who made them; what show or movie they appeared in; the personal preferences of the collector; and the age and condition of the item. Forgery and recasting are illegitimate attempts to cash in on these facts.

What is Forgery?

Forgery is a form of fraud. In committing forgery, a person claims their work is by another person. Forgery is when a person's name is stolen in order to add value to the wrong work. Forgery exists when a work is presented in a way that either insinuates or out right claims to be the work of another with the intent to deceive. Fraudulent intention by the maker or owner is required for a work to be a forgery. A prop presented in such a manner is a forgery and a fake. Many times, a collector will try to sell something that they are not convinced is real. They use phrases like "I was told this prop was used in..." or, after being notified that the prop is a fake, the person wishing to sell it will refuse to accept the facts and try to sell the item sticking with the story they were told when they bought it. There is a lot of this going on at eBay.
The most notorious forger in the Trek prop world is known as "ME". He created many Trek props that looked authentic and several people who are considered experts in the Trek prop field have been fooled by ME's creations. There is evidence to show that "ME" is still active in the Trek prop community.

What is a Recast?

The word "recaster" has a negative connotation. A recaster accepts credit for the work of another. Prop recasting occurs when unauthorized copies of a work are made and sometimes sold, depriving an original artist or license holder of profit and/or recognition. Prop recasters will copy another person's work without giving credit to the original artist. They do it either for recognition or profit. Usually, the recast is made by making a cast of the item and copies are made from the casting. While copying another person's work is legitimate when permission is given from the license holder or artist, there is a "gray" area for prop collectors. Some artists don't care if a person makes a copy of their work as long as it is not for profit and proper credit is given. Some license holders don't care if replicas are made and are presented as such.
However, there is no "standard" for such practice and it is advisable that the collector procure permission from the artist or license holder before making a copy of their work. Some people will mention "fair use" laws, but that is beyond the scope of this post.

What is a Replica?

A replica is a copy of a prop that is presented as a replica. It is clearly described as a replica and careful attention is given to state clearly that it is a replica. It can be recast from an original as long as proper permission is procured, or it can be scratch built or made from a licensed kit. Does anyone think George Lucas will care if you make a replica of Luke Skywalker's light saber in your garage? Probably not, as long as you don't threaten the profits of the company that has proper rights to the item. If you make a saber replica for your own use, Lucas will probably look the other way and celebrate that you are such a fan of his work. However, if you start to sell them or give enough away to threaten his license holder's profits, look out for a cease and desist order (C&D) and maybe even a law suit.

In summary, forgery is a form of fraud. A forgery can take many forms such as recasts or copies that are presented to an audience as authentic and the work of another artist. This can be done for profit or recognition but either way, it is fraud. A recast is a detailed copy of another person's work. It can be done legitimately, in many cases, or it can be done illegally. A recast made to profit from another person's work is stealing.
Replicas are legitimate copies of the real item and are presented as such. These copies can be manufactured for sale as long as proper permission is received, such as is the case with Master Replicas, for example. MR doesn't produce fakes or recasts. They produce licensed replicas, which is perfectly legitimate.