Here is a comparison of your picture (James Comisar's collection) with then "Kappa" version from the HeroComm site:
It's difficult to tell if they are the same communicator or not. I guess someone could do a close analysis of the antenna grill to see if the holes match but the bottom of the grill in the Kappa version looks slightly offset, while the "collector's" version doesn't. Another thing, the Kappa version's microphone grill mesh looks to have smaller holes than the collector's version. I don't think they are the same unless some rework was done to the original, which is a possibility.
Also, there were reports of a guy creating fake "original" communicators that look old and beat up and supposedly sold them for a lot of money.
Bottom line, there's no way to tell if it's legit or not from just a picture.
Here's the link to the HeroComm site: