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GW IP Infringement "Imitation models" - does this apply to accessories?  [RSS] Share on facebook Share on Twitter Submit to Reddit
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Shropshire

For example, I have a load of old model Dark Elf Executioners without swords. Am I legally allowed to make my own replacement blades which mirror the look of the original ones as long as I don't recast? Can these be sold as 'proxy/alternative swords suitable for a Dark Elf Executioner'?

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UK

The specific design of the blade will be protected by copyright same as the specific design of the model. It doesn't matter if you "cast" it or print it from a 3D file.

That said if you were to design your own two handed blade which fits the arms of the model, then that is perfectly fine. The idea of a two handed blade and the positions of the arms aren't protected by copyright. Indeed there's a good few alternate body parts out there in the market.


So just make your sword look different if you want to sell it.

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Toledo, OH

 Lesebyst wrote:
For example, I have a load of old model Dark Elf Executioners without swords. Am I legally allowed to make my own replacement blades which mirror the look of the original ones as long as I don't recast? Can these be sold as 'proxy/alternative swords suitable for a Dark Elf Executioner'?


That's a question for a jury to decide.

If you are copying (you say mirror) a copywritten product, that is a breach of copyright, even if for personal use.

Now, in practice, who will ever know?
   
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Folkvang

#1 don't ever take legal advice from people online.

#2 ip infringement lawsuits are very heavily used by larger corporations to bully small businesses under the guise of protecting their property.

#3 don't use their words eg warhammer or space marines in listings. You're gonna have a bad time.

#3.5 even if it isn't actually an infringement of IP, is it worth the legal fees? Maybe not...

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Portland

 Lesebyst wrote:
Can these be sold as 'proxy/alternative swords suitable for a Dark Elf Executioner'?
The more this involves selling something that could be construed as intentionally and explicitly stepping on GW's toes or exploiting/undermining their brand or otherwise able to be mistaken for it (and in the USA this has often been very liberally interpreted in favor of the copyright holder), the more likely you'll piss them off.

The more you fly under the radar, just actually make them for yourself, label them as generic fantasy parts, make your own design, etc., the more likely no one will care. GW has neither infinite eyes nor infinite time to pick fights.

Freya's advice is all super solid. If you're really set on doing it, don't be dumb about it and do make sure you can survive by just quitting and moving on with your life, you don't want to get in a legal battle. (And to echo their advice, this is with a well-read but entirely lay understanding of legal ramifications.)

This message was edited 1 time. Last update was at 2021/09/16 14:32:54



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Folkvang

Also, my own store just got hit too so... I mean honestly, I'm not gonna try to re-list this crap. I took my sub back to standard instead of the vendor license and am moving on. Not worth the risk imo. If gw doesn't want me to play their game, I'll oblige them and not buy their crap.

This message was edited 1 time. Last update was at 2021/09/17 15:15:48


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