Derivative Works for Personal Use?

[studyinglaw]

What is the name of your state (only U.S. law)? Connecticut

Is it still copyright infringement if you're creating derivative works for personal use? I want to make a stuffed animal for my cousin based off an old video game character for her second birthday, but I don't plan on selling the animal or promoting it in any way, it's just for her room.

 

[quincy]

What is the name of your state (only U.S. law)? Connecticut

Is it still copyright infringement if you're creating derivative works for personal use? I want to make a stuffed animal for my cousin based off an old video game character for her second birthday, but I don't plan on selling the animal or promoting it in any way, it's just for her room.

Making derivatives is one of the exclusive rights of the copyright holder. Depending on the video game character, there can also be trademark rights that attach to the character.

That said, it is the public display of, or the commercial marketing of, another's rights-protected material that will attract the attention of copyright or trademark lawyers and, once you get their attention, bad things can happen.

Any cease and desist notice or threats of a lawsuit arising over the creation of a single stuffed animal for the personal use of a kid is, however, unlikely. Personal uses in the manner you describe would (probably) be considered a "fair" use. There are no damages suffered and, without damages, it is not financially worthwhile for any rights holder to pursue any sort of legal action (if they were even to discover you created a derivative, which is also unlikely).

 

[studyinglaw]

Making derivatives is one of the exclusive rights of the copyright holder. Depending on the video game character, there can also be trademark rights that attach to the character.

That said, it is the public display of, or the commercial marketing of, another's rights-protected material that will attract the attention of copyright or trademark lawyers and, once you get their attention, bad things can happen.

Any cease and desist notice or threats of a lawsuit arising over the creation of a single stuffed animal for the personal use of a kid is, however, unlikely. Personal uses in the manner you describe would be considered a "fair" use. There are no damages suffered and, without damages, it is not financially worthwhile for any rights holder to pursue any sort of legal action (if they were even to discover you created a derivative, which is also unlikely).

Thank you for your fast response, it has been very helpful.

 

[quincy]

You're welcome, studyinglaw. I hope your cousin enjoys the stuffed animal.