I am making a Deku scrub figurine from The Legend of Zelda series to 3d print. I decided that I could sell these figurines on Etsy. Is there any legal requirements for the UK where I have to say something or I cannot sell this at all? Thank you from the UK, Domford

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    No, you can't, because it's a derivative work and you don't have a license. Nintendo, in particular, is notoriously ...proactive... about enforcing their IP rights. – Ryan M Oct 24 '20 at 8:18
  • Thank you @RyanM, So, I cannot even do it if I design the model myself. Even if I change the design by making it into a plant pot? – otti green Oct 24 '20 at 8:31
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    A completely non-Zelda-related plant pot would be fine, but just changing things a little bit probably isn't. How different it would have to be in order to not be a derivative work is a complicated, detail-specific question that you'd need a lawyer familiar with your exact plans to answer. – Ryan M Oct 24 '20 at 8:35

A figurine, or other artwork, that is clearly based on the published images, or on the published description, of a fictional character in a copyrighted work would be a derivative work. To publish, display, sell, or distribute such a work without permission would be copyright infringement, and the copyright holder could sue for damages.

Whether something is a derivative work is a question of fact, and the details can matter. In general, the more vague and generic the fictional description, and the more original elements not derived from the fiction are included in the work, the less likely the new work is to be held to be derivative. But any significant element clearly taken from the previous work may be enough to make it derivative.

  • Thank you so much! – otti green Oct 26 '20 at 15:46

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