OK so, I have been making proxy cards and tokens for Magic the Gathering for my personal use by cutting out art from photos, comics, etc that I bought and own. Obviously I don’t feel morally or legally wrong in that.
But what if I were to sell such an item? Keep in mind, I am NOT reproducing anyone’s art. I had bought it either secondhand or from the comic store or wherever. Artists, how would you feel about that morally? And is that illegal to do?
I would not feel morally right reproducing someone’s art, but this feels like a grey area to me since I’m using something I bought that they made. I make music but I do not yet have any visual art skills beyond having taken a graphic design class.
Most people making peripheral MtG stuff only sell creature and artifact tokens anyway to avoid being sued by Hasbro, and release their art/designs as images that others can print for free.
It probably just boils down to “ask permission” I guess.
You’re only taking money from Hasbro. Proxy tokens are adorable. Myself, I just used the cards with tournament winners’ faces on them.
Well I definitely don’t feel bad taking money from Hasbro, and with how small-time what I’d do is, the worst I’d expect is a C&D.
Is a collage artist doing anything wrong? That seems like the closest comparison to me at least. You are providing artistic input via the hand-lettering and choosing how to cut up the pieces to apply them. Mtg cards have a little artist credit line, maybe credit the original artist there if you want to go full due-diligence?
IP isn’t real
I’m also hand-lettering the cards with paint pens.
Many many artists use other people’s art and repurpose it. As one user said, collages are a famous example. Taking something and making it into something new is, in my opinion, making it a new thing.
Legally, I imagine the worst case scenario is that you’d get a cease and desist at which point you would talk to a lawyer to see what your options are or just stop to avoid any hassle. If your lawyer says it is fine and you continue, the next worst case scenario is that a company with a large budget can sue you knowing that you are legally able to do what you are doing, but that you probably can’t afford to fight them in court for years and years.
