South Bend, IN asked in Copyright and Intellectual Property for Indiana

Q: Is this still copyright infringement?

Hello I have gotten into 3d printing/modeling and was wondering if whether what I am potentially doing is copyright violation or not. So I was 3d modeling items from my favorite nintendo games then I was going to 3d print them. So I know that if I sell the crown online that is stealing intellectual property. My question however, is if instead of selling the item(The crown or etc.), I sell my time and labor instead. Is that still copyright infringement, eventhough I would technically give my 3d print away for free and just charge for labor?

2 Lawyer Answers
Tania Maria Williams
Tania Maria Williams
PREMIUM
Answered
  • Intellectual Property Lawyer
  • West Palm Beach, FL

A: If you’re reproducing someone’s protected work it’s infringement. There may be a fair use defense (check out the Andy Warhol cases) but it’s a defense meaning it is raised if you are sued for that nfringement.

Carl G Hawkins
Carl G Hawkins
Answered
  • Intellectual Property Lawyer
  • Jacksonville, FL

A: If the time and labor is used for purposes of distributing the protected work, your best bet is to get permission. Getting permission is actually easier than you may think. With that being said, speak to a licensed IP attorney to get more intricate advice about your situation.

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