Question about legality of making props from a game

[Sammukai]

UPDATE:

I still make the props. Haven't sold so much as a scrap of paper to my friends now. Main concern was Bethesda telling me to stop making props because they didn't like the work or something like that. Thanks to all.

 

[Moviefreak]

As with any item related to a IP of a company or studio, you run the risk of them taking note and shutting you down.
If you aim to sell, without license, that is just the game. So there is no "gray area" to look for, it is pretty black and white.

Here are the possible outcomes:
1. They will not notice and you slide by.
2. They will notice but still let you slide by.
3. They notice and send a C&D.
4. If you sell too much they skip the C&D and just hit you with lawsuit for damages.

Again.... It is all part of the risk you take. And if you do get a C&D, don't try to argue the point and think you found a loophole.
Best to comply and just quietly go away as to not poke the bear.

 

[Grey]

I heard something a while back about things being okay if it doesn't hurt the brand and that you can fare better if you actually worked to improve their standing.

Whoever said this dosen't understand trademark laws. If the owner of the trademark fails to take action against infringement, the trademark can be diluted or even cancelled. Companies have not only a desire but an obligation to shut down the sale of products that infringe upon their trademarks.

I think their intent is clear and I would suggest moving on to something else.

 

[Psicorp7]

The game developers and the company own the rights to everything seen in the game. If you make replicas of what is in the game they have the right to tell you to stop making them at any time they want. That is their right. Any items you make and sell are at their grace. That is the same for everyone on here. Some companies choose to protect their intellectual property more aggressively than others. If they tell you to take it down (usually a C&D) then it is best to comply. To actively flaunt a company request is to risk actual legal action and no one wants that! The more you promote yourself on etsy and other sites the more you will show up on their radar. That is why some of the best builders are not huge self promoters. They do great work and stay off the radar.

 

[Sammukai]

Refer to post. I am now doing that.

 

[Apollo]

No, the only thing your work does is infringe on some IP holders rights.

I would be very very careful if I were you as you are now on their Radar

Does my work count as furthering their brand? I heard something a while back about things being okay if it doesn't hurt the brand and that you can fare better if you actually worked to improve their standing.

 

[Michael Bergeron]

Yep, stop selling them. Cut your losses. Could get a lot worse if you try and continue.