Asked in Gaming, Copyright and Intellectual Property for California

Q: can you sale a custom card of a card game like pokemon

the custom is done on a real card with custom art on front

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: No, it is not legal to sell custom cards of a copyrighted card game like Pokemon without permission from the copyright holder. The custom art on the front of the card would likely be considered a derivative work, which is protected by the same copyright as the original game.

Selling such custom cards without permission could infringe on the copyright holder's exclusive rights to reproduce and distribute their work, and could result in legal action being taken against the seller.

If you want to create and sell custom cards for a card game, it is recommended that you obtain permission from the copyright holder first, or create original cards that do not infringe on any existing copyrights.

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