Creating/Selling 3D Art from an existing property (TV, Film, Games)?

Amank679

Hi all,

This is more of a 2 part question.

I was recently looking at commercial 3D models and I came across a 3D car model from the Ghostbusters film. This got me thinking as to how someone can sell a 3d model of an existing property even if its something they made themselves from reference? Is this something they'd need permission for?

My Other question is if you're creating art based off an existing property that doesn't have any concept are you can refer to, but just images from that TV show, Game or Film, is that ill-advised?

For example, I'm planning on recreating Matthew Murdocks Apartment from Netflix's Marvel's Daredevil in UE4. I haven't been able to find any concept art on that environment, mostly just different characters' costume concepts. 

Please let me know your thoughts.

Thanks in advance!

JamesBrisnehan

I know people can get away with pretty much anything if it is non-profit and labeled as "Fan Art". If you are just doing if for fun, and free, no one will get upset about it. Some studios love fan art actually, and show it off on their Facebook pages during fan art Fridays.

Even if you're putting your fan art on a 3d marketplace for sale you will probably be fine. I think TV copyright/IP laws are mostly focused on pirating/bootlegging/illegal viewing of full episodes, and unauthorized use of character design and symbols. Like, if you opened a fast food place with Daredevil as the mascot and put a burned DVD set in each happy meal, Disney would have something to say about that. Selling a model of Mat Murdock's apartment online may be in the grey area of copyright and IP law, but no one is going to really notice, let alone take you to court over it. Unless you are making a TON of money. 
*However* I am not a lawyer and I don't know much about copyright and IP laws so take that with a grain of salt. Also anyone who knows better, feel free to correct me.


Anyway, what I would suggest is to do one of three things:

- Keep it non-profit, keep it "fan art" and everything is cool.

- Dig through the FAQs on the website you want to sell on or call/email them or their customer support line to see what they consider legal. (Because I'm sure they have dealt with similar situations in the past.)

- Use the Netflix version as Inspiration but make it unique. If you change something enough it goes from being a rip-off to an hommage. Make it unique, make it your own, draw inspiration for multiple sources, and you can proudly say "this is not Disney's Marvel's Netflix's Daredevil's apartment. This is my Noir Superhero apartment".

Amank679

JamesBrisnehan said:

I know people can get away with pretty much anything if it is non-profit and labeled as "Fan Art". If you are just doing if for fun, and free, no one will get upset about it. Some studios love fan art actually, and show it off on their Facebook pages during fan art Fridays.

Even if you're putting your fan art on a 3d marketplace for sale you will probably be fine. I think TV copyright/IP laws are mostly focused on pirating/bootlegging/illegal viewing of full episodes, and unauthorized use of character design and symbols. Like, if you opened a fast food place with Daredevil as the mascot and put a burned DVD set in each happy meal, Disney would have something to say about that. Selling a model of Mat Murdock's apartment online may be in the grey area of copyright and IP law, but no one is going to really notice, let alone take you to court over it. Unless you are making a TON of money. 
*However* I am not a lawyer and I don't know much about copyright and IP laws so take that with a grain of salt. Also anyone who knows better, feel free to correct me.


Anyway, what I would suggest is to do one of three things:

- Keep it non-profit, keep it "fan art" and everything is cool.

- Dig through the FAQs on the website you want to sell on or call/email them or their customer support line to see what they consider legal. (Because I'm sure they have dealt with similar situations in the past.)

- Use the Netflix version as Inspiration but make it unique. If you change something enough it goes from being a rip-off to an hommage. Make it unique, make it your own, draw inspiration for multiple sources, and you can proudly say "this is not Disney's Marvel's Netflix's Daredevil's apartment. This is my Noir Superhero apartment".

Thanks for the reply! That's pretty much what I was thinking but wanted to be sure. The Daredevil apartment will mostly just be fan art, but I do intend to put my own spin on it. 

JamesBrisnehan

Sounds good. Be sure to post it on here so we can see how it goes.

Eric Chadwick

Moderator note: Critique has been split off into 3D Art Showcase and Critiques: The Daredevil apartment.

Feel free to continue discussion about the original topic.