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I'm planning on doing a personal card using only the original layout and background design of a Magic The Gathering card.

Card layout and original background

I have read that the art, mana symbols, "Tapping" symbol and Font have copyright so I'm not using them. I'm doing this as a parody of the original cards with a picture of myself on the image frame, trying to add some fun to my personal card and replacing the copyrighted content with some custom of my own.

Should I worry?

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In the US, the following factors are taken into account:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work

So

  1. Your use is not commercial, nor educational
  2. The work is copyrighted, and there's no privacy attached to it
  3. Each card is copyrighted individually. The frames for each card may be copyrighted, or the texture.
  4. Your use is unlikely to adversely impact the market for the original work

It is likely that such a use would be considered fair use, but there's no real way to know until you go to court. Also, you might consider whether you would be an attractive target for litigation.

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