Legality of making real replicas of virtual objects in video games

[caseyc1]

Jurisdiction

California

I make and sell real life, 3D replicas of daggers from video games, TV, and movies. Currently I am using the original names of the daggers to sell my products (and I am aware that I am likely infringing on intellectual property). However, if I rename the weapons to more generic names to sell them under as opposed to their in game names, would this still be copyright infringement? My main concern is that the appearance is still the same as it is in the game. Is it likely to get me into legal trouble?

If my stuff falls under the category of derivative work, how much would the work have to be changed to be legally considered no longer a derivative work? Obviously this is a very difficult question, but in particular this brings to mind the "lightsaber" versus "laser sword" thing. The "laser swords" available for purchase almost always seem like a clear derivative work of lightsabers, yet for the most part they are not sued to my knowledge. Would this be because the concept of lightsabers is generic, or because the laser swords themselves are physically distinguishable enough from lightsabers to not be considered derivative?

 

[army judge]

I make and sell real life, 3D replicas of daggers from video games, TV, and movies. Currently I am using the original names of the daggers to sell my products (and I am aware that I am likely infringing on intellectual property). However, if I rename the weapons to more generic names to sell them under as opposed to their in game names, would this still be copyright infringement? My main concern is that the appearance is still the same as it is in the game. Is it likely to get me into legal trouble?

If my stuff falls under the category of derivative work, how much would the work have to be changed to be legally considered no longer a derivative work? Obviously this is a very difficult question, but in particular this brings to mind the "lightsaber" versus "laser sword" thing. The "laser swords" available for purchase almost always seem like a clear derivative work of lightsabers, yet for the most part they are not sued to my knowledge. Would this be because the concept of lightsabers is generic, or because the laser swords themselves are physically distinguishable enough from lightsabers to not be considered derivative?

You can't get the assistance you require from the Internet.
If this troubles or disturbs you, I suggest you hire a lawyer to help you.

 

[zddoodah]

I am unquestionably infringing on intellectual property

ftfy

if I rename the weapons to more generic names to sell them under as opposed to their in game names, would this still be copyright infringement?

Impossible to tell based on your post. One would have to look at what you're making and become familiar with the source material. I'll as you this, however: Would anyone care about buying your stuff if it weren't copied from the source material (regardless of what names you use)? My guess is that the answer is no. The whole point of this venture appears to be for you to profit off of the work of others. Right?

My main concern is that the appearance is still the same as it is in the game. Is it likely to get me into legal trouble?

Probably. I previously represented a couple major video game companies, and they are not shy about writing large checks to their lawyers to stamp out infringement. Even if you might ultimately win, I'm guessing you don't have the financial resources to fight.

If my stuff falls under the category of derivative work, how much would the work have to be changed to be legally considered no longer a derivative work? Obviously this is a very difficult question, but in particular this brings to mind the "lightsaber" versus "laser sword" thing. The "laser swords" available for purchase almost always seem like a clear derivative work of lightsabers, yet for the most part they are not sued to my knowledge. Would this be because the concept of lightsabers is generic, or because the laser swords themselves are physically distinguishable enough from lightsabers to not be considered derivative?

It's not just a difficult question; it's an impossible question.