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Re: Copy Right Question
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Klingbeil
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Jan 26 13 10:36 PM
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copyright laws are a mess and almost always open for interpretation by lawyers, but there are some basic principles that you can follow.
if you were to take the original D&D box, make art from it, and sell that, it would be legal because you have paid the producer for their box and art.
if you were to make a xerox of the box art, do your art on the copy, and sell that, it would be illegal because you are not reimbursing the producer of the box art.
if you are attempting to duplicate the box art by your own means (not xerox, scan, whatever) then that is indeed quite legal. however, you cannot sell it or market it in a fashion that would confuse people that it is the original.
i.e. go ahead and do a wood carving or t-shirt print of your own artistic "interpretation" of the D&D box art demon, but do not infer in any way that it is a D&D demon or attempt to use the demon for your own box art.
the reason why you cannot take one of bruce's blocks, glue them into a building, and then sell it without compensating him, is because you are taking an essential xerox of his work in the form of a casting.
in the same vein as the t-shirt print, you could carve blocks that look just like bruce's work, make your own molds to sell and that would be 100% legal, but it would be illegal for you to try and sell them as if they were his blocks/molds.
the grey murky area in all this is brand recognition. if something is close enough to the original that people can identify it as the object it is being copied from, there might be a case for litigation. generally one-off artistic work is ignored. the real trouble that gets you dragged into court, is if you try to make a business out of producing the "knock offs".
it all boils down to ethics. not everything ethical is legal and not everything legal is ethical. use your best judgement. if you think you might get taken to court for doing something, it's probably unethical even if it isn't illegal.
-Klingbeil-
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