Colorado Springs, CO asked in Copyright and Intellectual Property

Q: Can images/scans of likely copyrighted sports cards be partially reproduced and redistributed?

I'd like to create a deck of cards with scans of relatively new sports cards (30-40 years old) in the inset of the card, and sell that deck as game cards for a board game. Since they are just scans of the original card, it would never be mistaken as a reprint. As a result, though, names and likenesses would appear on the card, as they are scans of the original card.

If possible or needed, all logos, etc could be airbrushed out of the images (perhaps falling under the '30% rule'?). But names and likenesses would remain.

Thanks in advance for your opinion.

1 Lawyer Answer
Marcos Garciaacosta
Marcos Garciaacosta
  • Intellectual Property Lawyer
  • Mesa, AZ

A: I am not sure if the 30% rule is a hard rule.

You are in risky territory.

I do not recommend you do it.

Consult with an attorney.

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