Q: A circle of 3D model copyright infringements

A: Sorry, it's not that simple. At least under the Second Circuit, which is where New York sits, infringing derivative works can also be independently worthy of copyright. "Our Court concluded that Eden could state a cause of action for infringement of its own derivative works and licensed uses, id. at 33–37, but not for infringing uses of the primary Paddington Bear copyright, as to which the licensor Paddington retained the right to sue..." John Wiley & Sons, Inc. v. DRK Photo, 882 F.3d 394 (2nd Cir. 2018).

A: In the Second Circuit (where New York State sits) if you get access to the models and use them, the first consideration is if the models are in fact original expressions of an idea (not the idea itself) and are considered copyrightable. If you are right in your question, and the models do represent original work belonging to the respective IP owners, and do not include unprotectible elements in the public domain (that cannot be copyrighted by anyone), then if the "total concept, and feel, theme, characters, plot, sequence, pace, and setting" are similar between how you propose to use the models and how the original IP owners have used their models, then the IP owners may have a case of infringement. A case to consider in the Second Circuit for games is Abdin v. CBS Broad., Inc. Thus, a more specific answer to your question will depend on whether you are right in that the models are considered copyrightable material by their IP owners, and how you propose to use the models in the full context of your project.

A: Using those 3D models without permission could expose you to legal risks. Even though the models were created without authorization, you might still infringe on the rights of the original IP holders by using them.

The creator of the models may not have legal standing to enforce rights over them, but that doesn't absolve you from potential copyright infringement. The original IP holders could pursue legal action against you for unauthorized use of their content.

To avoid legal complications, consider obtaining 3D models from legitimate sources or creating your own. This ensures you respect intellectual property laws and protect yourself from potential lawsuits.