They pay for those rights. Many times it’s beyond their control what gets approval to be made and what doesnt. And when a figure gets made with a decent sized unlicensed run that decreases the chance an actual licensed figure from the same film gets made. It costs thousands of dollars just to get the license and then thousands more to do the prototypes for approval and in man hours to work with them to get approvals for everything from copy to box art.
Most of the unlicensed stuff that’s getting attention lately is of the Fox marvel stuff or the arrowverse stuff. With Fox, hot toys bought the rights and had to pay both marvel and Fox a fee, but the actors likeness rights where not included in the Fox contractors so each actor can approve or deny anything or flat refuse to authorize and if they do they can charge whatever they want. Hot toys wanted to make some of those figures (prof x for example) but they just couldn’t legally. Even though they still paid for the rights. So having someone else not pay those fees or any of the associated costs and then make products is a hard pill to swallow. Makes it hard for marvel or Warner or continue to sell those expensive licenses if they just let people without it make the figures anyway.
Which is why if it’s just some person make one off items or low run it’s not somthing they much care to push. But when a couple companies are cranking out decent run sizes and making five or ten unique figures, like say toys era, that’s gonna be an issue.
Truly enlightening... I so rarely buy unlicensed figures I honestly never took any of this into consideration and didn't occur to me how much of a big deal it is. Ignorance on my part for sure.