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Question about fanmade merchandise

4 replies [Last post]
Thu, 03/29/2012 - 07:21
Metagenic's picture
Metagenic

Say, if I made a toy replica of a Spiral Knights weapon and attempted to sell it for irl money, would I possibly get sued? The reason I'm asking is because in this hypothetical situation I'm taking the idea for the weapon from OOO's game but I'm putting my own effort into it.

Thu, 03/29/2012 - 07:33
#1
Asukalan's picture
Asukalan
You know... noone needs to

You know... noone needs to know... but you just 'almost' confessed to it.

Thu, 03/29/2012 - 07:40
#2
Nordlead's picture
Nordlead
so you want to steal someone

so you want to steal someone else's work and sell it for money? Sounds like a plan. (copying someone's in-game art is copyright infringement)

Anyways, the answer to your actual questions (the outcome, not the legality) it really boils down to how you sell any items. If you sold them in very small quantities to your friends, then OOO would be none the wiser and most companies wouldn't care (I don't know if OOO would care). If you sold them on e-bay/amazon or some other mass distribution, then I'm almost 100% positive you'd get a cease and desist letter and that might get followed up by a lawsuit.

Thu, 03/29/2012 - 07:41
#3
Metagenic's picture
Metagenic
@Asukalan

Haha I'm not good enough to make a weapon replica, this is a purely hypothetical situation.

Thu, 03/29/2012 - 15:23
#4
Marona's picture
Marona
Well either way...

First things first: Gotta get permission from OOO and Sega(probably not Sega but better safe than sorry). Tell them what you are doing and how you are selling it. They will probably respond with either:

1. No
2. Yes, but a share of profits due to the design
3. Entirely Yes. No need to share profits(I doubt it)

They probably will add terms and conditions. Oh look I got trolled in this thread..woo..

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