Re: Hot Toys MMS: Predator 1 Dutch + Billy
HT nor SSC will ever tell you - "yea, the sculpt is great, but we had to mess up the paint so it doesn't look like the actor - couldn't get the rights."
Nowadays when a studio signs an actor for a big film they secure the likeness rights as well. That's why there's no problem with Bale and Ledger from Batman or Downey with Iron Man. The studio controls everything regarding licensing rights for merchandise.
But that's only come about in the last few years, probably since '89 Batman when merchandising became such a huge part of Nicholson's deal. So older films won't have any provision in the contract about using the actors' photo or likeness for merchandise.
Even SSC had to do it with PotA Brent. They couldn't put Tony Francioso as Brent on the box because they couldn't get likeness rights from the actor or actor's estate, not because of anything that Fox had control over.
With the Universal monsters they had to go to the estates of Lugosi, Karloff, etc., not just Universal.
How do they get around it? The sculpt is probably dead on, when it's being sculpted they are probably still trying to deal with the actor's representative. But if they can't make a deal then when the piece comes out they obscure the likeness with paint ops. We can see this with some of the Aliens repaints where the likeness really comes through with a decent paintjob. A sculpt isn't a photo where the actor's rep can say "that's definitely my client and you owe us for likeness use". If there's an gray area for plausible deniability then HT is off the hook.