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Posted

Some months ago, I bought a wooden Keyblade replica at what is my country's equivalent to 'comic-con', and I do not see any obvious signs that it was officially made. Because it is an unofficial replica of an object in an existing series, do any of the profits that come from the money that I paid for it go to some sort of official connection to the KH series?

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No... Square and Disney do not produce Keyblade Replicas, therefore no profit goes to them.

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No... Square and Disney do not produce Keyblade Replicas, therefore no profit goes to them.

Does that mean that the creation of them is copyright infringement?

Does that mean that the creation of them is copyright infringement?

Yeah, if the guy is selling them.

Most Kingdom Hearts markets are copyright infringement. Many in public, many online.

 

But it seems Square Enix doesn't care since this has been going on for a while.

I got a full metal keyblade, but I forgot who or where it's made (pretty damn sure it's from china xD)

 

I usually go with the assumption that if its not listed on the SE store or if it doesn't say "officially Licensed Product" or from official companies, then it's not official.

Edited by Javelin434

I'm pretty sure replica's would fall under the Fair Use Policy, "This is a defense available to someone who uses another’s work—without permission—in the creation of his or her own".  

"Fair use is a use permitted by copyright statute that might otherwise be infringing non profit, educational or personal use tips the balance in favor of fair use"

 

The same reason people can get away with remixing, covering or making parodies of people's copyrighted music without getting permission from the original artist.  

 

In those cases the original author can sue for infringement if permission wasn't granted, but ultimately it would not be worth most large business's wild to actually go through with suing the likes of a kid who made fanart or whoever made a replica.  Only when the profits from the merchandise appear exceedingly favorably (for a company would be thousands) would a company even consider pursing the legal route against one individual creating their own merch/replicas/fanart, simply to get a share of those profits.

 

Unless it's Apple.  They sued a school and bakery just for having an Apple in their logos (Newton's Apple and Apples in baking, but still sued them cause they think they invented the fruit).

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